[HISTORY: Adopted by the Town Meeting of the Town of Mansfield 5-19-2015 ATM by Art. 21. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 94.
When used in this bylaw, unless a contrary intention clearly
appears, the following words and phrases shall have the following
meanings:
A system or portion of a combination system that consists
of components and circuits arranged to monitor and annunciate the
status of fire alarm or supervisory signal-initiating devices and
to initiate the appropriate response to those signals, capable of
transmitting a fire alarm signal to the Mansfield Fire Department
via telephone or radio.
The transmittal of a fire alarm to the Mansfield Fire Department
via the telephone or radio, which alarm is caused by a malfunction.
For the purposes of this bylaw, a "malfunction" is defined as the
failure of a fire alarm system to operate in the normal or usual manner
due to improper installation or maintenance and/or mechanical defect(s)
in the system, resulting in the transmittal of a needless alarm signal
to the Mansfield Fire Department.
An individual or entity who or which owns the title to and/or
has on their or its business a fire alarm system equipped to send
a fire alarm signal to the Mansfield Fire Department. Excluded from
this definition are single-family residential properties, two-family
residential properties, municipal, county, state and federal properties.
January 1 through June 30 or July 1 through December 31,
as the case may be, of any calendar year.
An owner will not be assessed a fine for a maliciously induced
alarm but a criminal complaint shall be brought against the initiator
of the alarm. The authority having jurisdiction will determine through
proper investigation whether or not the alarm was false or maliciously
induced.
An individual or entity who or which has on their or its
business a fire alarm system equipped to send a fire alarm signal
directly to the Mansfield Fire Department via a master box.
The Fire Chief may promulgate such rules as may be necessary
for the implementation of this bylaw.
A.Â
Before the
fire alarm system is connected to the Mansfield Fire Department, the
master box owner shall provide the Fire Chief or their designee with
the following information:
(1)Â
The name, address, and home and work telephone numbers of the master
box owner;
(2)Â
The street address where the radio master box is located;
(3)Â
The names, addresses and telephone numbers of the persons or businesses
protected by the fire alarm system connected to the radio master box;
and
(4)Â
The
names, addresses and home and work telephone numbers of at least two
persons other than the owner who can be contacted 24 hours a day,
who are authorized by the master box owner to respond to an alarm
signal and who have access to the premises in which the radio master
box is located.
B.Â
Radio master box owners shall pay to the Town of Mansfield an annual
assessment of $200, payable on or before June 30 of each year, for
each radio master box owned by a radio master box owner. Failure of
the radio master box owner to pay the assessed fee to the Town of
Mansfield by the date due may subject the owner of the radio master
box to be fined $50 per day for each day that the assessment remains
unpaid.
C.Â
If at passage of this bylaw a fire alarm radio system has already
been connected to the Mansfield Fire Department via a master box,
the master box owner shall comply with the requirements of this section
within 60 days after the Mansfield Fire Department has receipt of
proof of delivery of a registered/return receipt letter issued by
the Fire Department notifying the master box owner of the requirements
of this section.
D.Â
If a master box owner fails to comply with this section, they shall
be punished by a fine of $50 for each day of noncompliance.
A.Â
Before the central station operating company is connected with the
Mansfield Fire Department, it shall provide the Fire Chief or their
designee with the following information:
(1)Â
The name, address and telephone numbers of the central station operating
company;
(2)Â
The name, addresses and telephone numbers of the persons or businesses
protected by the fire alarm system connected by the central station
operating company;
(3)Â
A copy of the central station operating company's certification from
a nationally recognized listing company as a central station operating
company;
(4)Â
The names, addresses, and home and work telephone numbers of at least
two persons who can be contacted 24 hours a day, who are authorized
by the central station operating company to respond to an alarm signal
and who have access to the premises from which the alarm signal is
emitting to the central station operating company; and
(5)Â
The name, address, home and work telephone numbers, and the location
of the premises of each customer of the central station operating
company who has a fire alarm system equipped to send a fire alarm
signal to the central station operating company.
B.Â
If at the passage of this bylaw a central station operating company
already has a direct connection to the Mansfield Fire Department,
the central station operating company shall comply with the requirements
of this section within 60 days after the Mansfield Fire Department
has receipt of proof of delivery of a registered/return receipt letter
issued by the Fire Department notifying the master box owner of the
requirements of this section.
C.Â
If a central station operating company fails to comply with this
section, the Fire Chief or their designee may assess a fine of $50
for each day of noncompliance.
Every radio master box owner and every central station operating
company shall be responsible for updating the information herein required
to be provided to the Fire Chief or their designee. If the information
provided changes, the radio master box owner and the central station
operating company shall provide the Fire Chief or their designee with
the updated changes by the first day of the month following the changes.
If a radio master box owner or a central station operating company
fails to comply with this section, the Fire Chief or their designee
shall assess a fine of $50 for each day of noncompliance.
No alarm system designed to transmit emergency messages directly
to the Fire Department via radio master box shall be worked on, tested
or demonstrated without obtaining permission from the Fire Department.
Permission is not required to test or demonstrate alarm devices not
transmitting emergency messages directly to the Fire Department. An
unauthorized test shall constitute a false alarm.
A burn-in period of 30 days from final inspection will be granted,
during which time no fines will be assessed.
A.Â
Upon receipt of three or more false alarms within a six-month period
from multifamily residential or from commercial/industrial properties,
the Fire Chief or their designee may assess a fine pursuant to MGL
c. 40, § 21, against the fire alarm system owner.
B.Â
The following acts and omissions shall constitute violations of this
bylaw punishable by the fines as herein provided:
(1)Â
An alarm user whose alarm system transmits or otherwise causes more
than three false alarms in a six-month period shall be assessed a
fine according to the following schedule:
If any clause, sentence, paragraph, or part of this bylaw or
the application thereof to any persons or circumstances shall for
any reason be adjudged by a court to be invalid, such judgment shall
not affect, impair or invalidate the remainder and the application
thereof to other persons or circumstances but shall be confined in
its operation to the clause, sentence, paragraph or part thereof directly
involved in the controversy in which such judgment shall been rendered,
and to the person or circumstances involved.
[Amended 4-10-2018 ATM
by Art. 41]
It shall be unlawful to install a mechanical protection device
that is automatically keyed to and/or activates the telephone (numbers)
lines controlled by and/or listed to the Mansfield Police Department;
all such devices installed before the effective date of this bylaw
shall be defined as an electrically operated instrument composed of
sensory apparatus and related hardware which automatically sends over
regular telephone lines, by direct connection or otherwise, a prerecorded
voice alarm upon receipt of a stimulus from the sensory apparatus
that has detected a physical force or condition inherently characteristic
of a fire or unauthorized intrusion.
No person or business shall have an alarm system that notifies
the Mansfield Police Department by means of a dedicated or a nondedicated
telephone line, recorded device, or other means, without first completing
an alarm application form prescribed by the Chief of Police or their
designee.
An alarm system for either a residential or compound building
that utilizes an audible device that is detectable outside of the
building shall be equipped with an automatic shutoff that will silence
the audible device after no more than 30 minutes of the activation
of the alarm system. Failure to comply with this bylaw will result
in a one-time fine of $100 to be issued by the Chief of Police or
their designee within 30 days via United States Postal Service certified
mail.
"False alarm" is any burglar/panic alarm system activated in
the absence of an emergency, whether willfully or by inadvertence,
negligence or an unintentional act, including any mechanical or electrical
malfunction or the alarm system to which the Mansfield Police Department
is alerted for a response.
When the Police Department has responded to a false alarm, the
appropriate Administrator shall impose a charge on the responsible
alarm user according to the below referenced schedule. In instances
where the Police Department responds to a false alarm, the Administrator
shall be the Police Chief.
B.Â
Business false alarms.
(1)Â
First five false alarms within one calendar year: no charge.
(2)Â
Sixth offense within one calendar year: $50.
(3)Â
Seventh offense within one calendar year: $100.
(4)Â
Eighth and each additional offense within one calendar year: $200.
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After each fifth false alarm, the Chief of Police or their designee
shall write a letter notifying the property owner/representative that
they will be issued a monetary fine for each additional false alarm
for the remainder of the calendar year.
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The Town representative shall notify the responsible alarm user
of any false alarm charge immediately if the alarm user or their representative
is present at the time. If the alarm user or their representative
is not present, the Office of the Chief of Police shall notify the
responsible alarm user of any false alarm charge by certified mail
within 30 days.
[Amended 4-9-2019 ATM
by Art. 28]
If an alarm user wishes to contest the imposed penalty, such
user may do so in accordance with MGL c. 40, § 21D, by making
a written request for a noncriminal hearing to the Clerk Magistrate
at the Attleboro District Court and enclosing a copy of the citation
within 21 days of the date that the citation is received either in
hand to the alarm user or the user's representative or by certified
mail.
Refusal or failure to pay a charge properly levied shall result
in prosecution of the violation in the local District Court. The enforcing
person shall be the Chief of Police or their designee. Also, the licensing
authority may, at their discretion, deny, revoke or suspend any license
or permit, including renewals and transfers, of any party whose name
appears on said list furnished to the licensing authority from the
Tax Collector; provided, however, that written notice is given to
the party and the Tax Collector and the party is given a hearing no
longer than 21 days.
Charges for false alarms will be collected by the Town Clerk
and deposited into the General Fund of the Town.
A.Â
The provisions of any part or parts of this bylaw shall not apply
to alarm devices on premises owned or controlled by the Town. Also,
this bylaw shall not apply to alarm devices installed in motor vehicles
or trailers.
B.Â
The provisions of any part or parts of this bylaw shall be suspended
during severe inclement weather and power outages that may result
in a burglar/panic alarm malfunctioning.
This bylaw will take effect on January 1, 2019.
