[Adopted 5-5-1992; amended 1-11-1994 (§ 7-47 of the 2010 Code)]
A.
For purposes
of this article, a false fire alarm shall be defined as any false
fire alarm caused by:
(1)
The
operation of a faulty smoke or heat detection device.
(2)
A faulty
control panel or associated equipment.
(3)
A water
pressure surge in automatic sprinkler equipment.
(4)
Accidental
operation of an automatic sprinkler system.
(5)
An
action by 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.
B.
False fire
alarms caused by acts of God, including but not limited to power outages,
hurricanes, tornadoes, earthquakes, thunderstorms, or adverse weather
or atmospheric disturbances, shall not be subject to fines. When the
malfunction is caused by a defect in the building which results in
leakage and accidental activation, such activation shall be considered
a false fire alarm.
This article shall apply to all private fire alarm systems connected
to the Fire Department through a central station system or other automatic
means, i.e., automatic telephone dialers. For purposes of this article,
a multistructure complex owned and/or operated by one owner, association,
trust, corporation, tenant association or condominium association
shall be deemed to be one location alarm.
Upon the recording of the third false alarm by the Fire Department
within the period of one calendar year, the Chief shall notify the
owner of the building of such fact by certified mail and shall include
the Department's policy with regard to fines assessed for false alarms.
Fines shall be assessed as follows:
Property owners will be billed once a month for the previous
month's malfunction activity. If payment is not received within 30
days, a second notice will be sent. If payment is not received within
a second thirty-day period, the Fire Chief may seek a criminal complaint
in Taunton District Court for violation of this article and failure
to pay the fines assessed or proceed within noncriminal disposition
of the matter in accordance with MGL c. 40, § 21D.
Any fire alarm system owner who is aggrieved by an action taken
by the Fire Chief under this article may, within 10 days after notice
of such action, file an appeal in writing to the Municipal Council.
The Council shall hold a hearing within 30 days and shall forthwith
issue a written decision in which it affirms, annuls or modifies the
action taken by the Fire Chief. Such decision shall be mailed by certified
mail to the owner and filed with the City Clerk within 10 days after
hearing. The decision of the Council shall be a final administrative
decision. The owner shall have 30 days from the date of the filing
of the written decision in the office of the City Clerk to seek judicial
review in a court of competent jurisdiction.
The Fire Chief may promulgate such regulations as may be necessary
to implement this article. The Fire Chief is authorized to pursue
such legal action as may be necessary to enforce this article.
