[HISTORY: Adopted by the Town of Derry effective 9-20-2016. Amendments noted where applicable.]
GENERAL REFERENCES
Building and property maintenance codes — See Ch. 30.
The purpose of this chapter is to provide property owners, building occupants, developers, contractors, and any other stakeholders the specific requirements of the Town of Derry with regards to the procedures and enforcement of the fire prevention laws, codes, and regulations.
A. 
The Town of Derry utilizes the current adopted forms of Saf-C 6000, the New Hampshire State Fire Code, the New Hampshire Building Code as adopted by RSA 155-A, and the Property Maintenance Code as adopted in § 30-6.
B. 
Whenever the regulations under the authority hereof differ from those prescribed by any statute, ordinance or other regulation, the provision which imposes the greater fee or stricter regulation shall apply. In all cases, restrictions of the highest standard shall govern.
A. 
A permit is required to be obtained for any of the following activities:
(1) 
Installation or modification of a fire alarm system.
(2) 
Installation or modification of an automatic sprinkler system, to include NFPA 13D systems.
(3) 
Installation or modification of any other water-based fire suppression system.
(4) 
Installation or modification of a standpipe system.
(5) 
Installation or modification of any fixed fire suppression system.
(6) 
Installation of propane/natural gas-fired appliances.
(7) 
Installation of oil-fired appliances.
(8) 
Installation or modification of propane/natural gas piping.
(9) 
Installation of underground storage tanks.
(10) 
To operate a place of assembly.
(11) 
Fireworks display.
(12) 
Blasting.
B. 
Any fee associated with a permit or inspection will be according to the latest fee schedule maintained by the Derry Fire Department. The fee schedule is located in § 51-11.
A. 
Purpose.
(1) 
The purpose of these requirements are to insure that all fire alarm systems installed in the Town of Derry are designed, installed, and maintained to achieve a high degree of reliability and compatibility with the operating procedures of the Derry Fire Department.
(2) 
These requirements are intended for use by persons knowledgeable in the design, installation, use, and maintenance of fire alarm systems.
B. 
Permit. Any installation or modification of a fire alarm system shall have a permit issued from the Derry Fire Department's Fire Prevention Division. No installations or modifications shall begin without a permit being issued.
C. 
Plans and specifications. One complete set of plans and specifications are required for review. The plans and specifications submitted for a fire alarm permit shall, at a minimum, contain the following items:
(1) 
A floor plan indicating the use of all rooms (reflected ceiling plans when needed).
(2) 
Locations of all alarm-initiating devices.
(3) 
Locations of all alarm notification appliances, including candela ratings for visible alarm notification appliances.
(4) 
Location of fire alarm control unit, transponders and notification power supplies.
(5) 
Annunciators.
(6) 
Power connection(s), battery calculations, voltage drop calculations, conductor type and sizes.
(7) 
Manufacturer's data sheets indicating model numbers and listing information for equipment, devices and materials.
(8) 
The interface of fire safety control functions.
(9) 
Any other information as required by the Derry Fire Department, Fire Prevention Division.
D. 
Nonrequired systems. Any systems which are not required to be installed by the codes listed above shall still be installed and maintained in accordance with the applicable standards, including but not limited to NFPA 72, National Fire Alarm Code, and NFPA 70, National Electrical Code.
E. 
Additions or modifications. All components of a fire alarm system shall be compatible and listed for such use. If an existing panel will not accept additions or upgrades, the entire system will need to be replaced.
F. 
Applicability. These requirements shall apply to the installation of new fire alarm systems. Existing systems shall be required to comply with these regulations as they are updated or modified. Existing systems shall also be required to comply with Subsection N, System maintenance.
G. 
Listed agent. Any individual who is installing, modifying, or maintaining a fire alarm system shall have a valid listed agent certificate issued to them by the Derry Fire Department in accordance with § 51-13.
H. 
Fire alarm control panel requirements.
(1) 
Standards. Fire alarm control panels shall be UL listed for fire protection. No other functions, such as security systems, shall be incorporated within the panel. Systems in private dwellings shall be permitted to be a combination type.
(2) 
Keys. All fire alarm control panel keys shall be CAT 30.
(3) 
Labeling. Fire alarm control panels shall be labeled "Fire Alarm Control Panel" on the outside of the cabinet front in contrasting lettering at least one inch in height. Panels shall also have labeling in minimum lettering of 3/4 inch as follows: "Do not store or place anything in front of this panel."
(4) 
Zone labeling. All conventional control panels shall have zone labeling, in plain English, permanently attached. This labeling shall be visible with the door both in the open and closed position. All addressable control panels shall have the device address list permanently affixed at the panel. All addressable control panels shall have an LCD display of 80 characters or greater.
(5) 
Fire alarm control panel functions. Fire alarm control panels shall be provided with the following buttons or switches:
(a) 
System reset. This shall be the only reset. All devices, detectors and associated panels must reset when this switch is activated.
(b) 
Alarm acknowledge switch. This switch shall silence interior audible signals. Interior and exterior visual signals and any exterior audible signals shall continue in operation until the system is reset. All audible and visual signals shall resound upon receiving any subsequent alarms.
(c) 
Trouble silence switch. The trouble silence switch shall silence the audible trouble signal while the lamp remains illuminated.
(d) 
Means for disabling zones shall be provided. This operation must be simple and approved by the Fire Prevention Division. Whenever a zone or device is disabled, the panel must show a trouble condition.
I. 
Fire alarm initiating devices.
(1) 
Manual pull stations shall be dual action type only. Manual pull stations shall be resettable by use of a CAT 30 key only; no disposable parts shall be required to reset. Manual pull stations shall be predominately red in color.
(2) 
Smoke detectors installed prior to the installation of the finished floor shall be protected until such installation is complete.
(3) 
Alarm-initiating devices located in concealed areas shall have remote indicators installed. These remote indicators shall be installed at the fire alarm control panel or as specified by the Fire Prevention Division. The location shall be included in the plan notes.
(4) 
Initiating devices in addressable systems shall have their coded address displayed on the exterior of the device. This shall be in the form of a permanent label with one-half-inch white tape with three-eighths-inch black letters.
(5) 
Rooftop HVAC units which have duct smoke detection shall be permanently labeled on two opposite sides with numbers at least six inches high and of contrasting colors.
(6) 
Any initiating device that is equipped with a key reset shall be accessible by a CAT 30 key.
J. 
Notification devices.
(1) 
All fire alarm notification devices shall be predominately red in color and labeled "fire."
(2) 
A red exterior visual beacon or strobe, located as required by the Fire Prevention Division, shall activate with the notification appliances upon fire alarm activation. An alarm condition (flow) on a sprinkler system shall activate a green exterior beacon or strobe. In most cases, the devices shall be located on the side of the building facing a public way of primary access by the Fire Department.
K. 
Remote annunciators.
(1) 
If the fire alarm control panel is not located in such proximity to the main entrance that it would be passed by to enter any portion of the building and is not visible through a glass door, a remote annunciator shall be required. The Fire Prevention Division shall approve of the location of the remote annunciator.
(2) 
Remote annunciators shall:
(a) 
Indicate system trouble and alarm conditions; these indicators remain illuminated when the system is silenced.
(b) 
Be provided with key-operated or key-accessible acknowledge and reset switches. Key cylinders shall be CAT 30.
(c) 
Be labeled in a manner and language which is identical to the fire alarm control panel and approved by the Fire Prevention Division.
(d) 
Backlit with sufficient brilliance to be seen in direct sunlight.
(3) 
All graphic annunciators shall be approved by the Fire Prevention Division.
L. 
Direct connection to the municipal master/radio box system. If a fire alarm is present in one of the occupancies listed below, it shall be connected to the municipal fire alarm system by the way of direct connection or radio transmission or monitored by a listed central station service. Occupancies are defined in NFPA 101.
(1) 
Places of assembly.
(2) 
Class A and B mercantile.
(3) 
Educational.
(4) 
Industrial.
(5) 
Storage.
(6) 
Business, two or more stories or 100 or more occupants.
(7) 
Apartments or multifamily dwelling as required by § 51-4O(3)(c).
M. 
System acceptance.
(1) 
Prior to scheduling an acceptance test, the installer shall complete and submit a written record of completion which is acceptable to the Fire Prevention Division and confirms the system has been one-hundred-percent tested and functions in compliance with system specification and manufacturer's instructions. The record of completion form found in NFPA 72 is acceptable.
(2) 
The acceptance test shall include the testing of all devices, wiring, and control panels within the system. The manufacturer's testing requirements will be the preferred procedure.
(3) 
The system installer shall provide all necessary personnel and equipment to complete the testing. Fire Prevention personnel will witness the test only and not perform any function involved with the testing procedure.
N. 
System maintenance. All systems shall be maintained according to NFPA 72 and manufacturer's recommendations. The most recent system inspection report shall be provided to the Fire Prevention Division within 30 days from the date of inspection. Any deficiencies found during inspection are required to be repaired and are the responsibility of the building owner.
O. 
Additional requirements for apartment buildings.
(1) 
New or renovated buildings with three or more, but fewer than six, dwelling units.
(a) 
Any new construction or substantial renovation of an apartment or multifamily dwelling with three or more, but fewer than six, dwelling units shall have single-station smoke alarms installed in all enclosed common corridors, common access stairways, and any attic spaces used for storage which are accessed by other than a scuttle. These smoke alarms shall be interconnected and have a primary building utility power source with a secondary battery power source. The smoke alarms shall be installed in accordance with the appropriate sections of NFPA 72, National Fire Alarm Code, whichever edition is currently adopted by the State of New Hampshire.
(b) 
In environments that do not permit single-station smoke alarms, heat detectors may be substituted with the specific approval of the Fire Prevention Division.
(c) 
A "substantial renovation" shall be defined as greater than 50% of the appraised value of the building is under construction.
(d) 
A building which has an automatic sprinkler system installed in accordance with NFPA 13, NFPA 13R, or NFPA 13D shall be exempt from this requirement. The building shall still be required to be in compliance with RSA 153:10-a.
(e) 
This requirement shall not apply to townhouse construction as defined in the International Residential Code.
(2) 
Existing buildings with three or more, but fewer than 12, dwelling units.
(a) 
Any existing apartment or multifamily dwelling with three or more, but fewer than 12, dwelling units shall have single-station smoke alarms installed in all enclosed common corridors, common access stairways, and any attic spaces used for storage which are accessed by other than a scuttle. These smoke alarms shall be interconnected and have a primary building utility power source with a secondary battery power source. The smoke alarms shall be installed in accordance with the appropriate sections of NFPA 72, National Fire Alarm Code, whichever edition is currently adopted by the State of New Hampshire.
(b) 
Existing, previously approved, and operational smoke alarms may be permitted to remain upon Fire Prevention's discretion.
(c) 
In environments that do not permit single-station smoke alarms, heat detectors may be substituted with the specific approval of the Fire Prevention Division.
(d) 
A building which has an automatic sprinkler system installed in accordance with NFPA 13, NFPA 13R, or NFPA 13D shall be exempt from this requirement. The building shall still be required to be in compliance with RSA 153:10-a.
(e) 
This requirement shall not apply to townhouse construction as defined in the International Residential Code.
(f) 
Reasonable alternatives to the requirements of this section. The Fire Chief or his designee may grant reasonable alternatives to the requirements of this section to the extent that such action will provide a degree of safety substantially equivalent to the requirement for which the alternative is being sought. Any request for an alternative shall be in writing and specify the specific provision for which an alternative is being requested. The Fire Chief or his designee may require additional information, including detailed architectural or engineering plans to assist in acting on the request. Any approved alternative shall be issued, in writing, and made a part of the permanent file.
(3) 
New or renovated buildings with six or more dwelling units.
(a) 
Any new construction or substantial renovation of an apartment or multifamily dwelling with six or more dwelling units shall be provided with a fire alarm system. A "substantial renovation" shall be defined as greater than 50% of the appraised value of the building is under construction.
(b) 
Initiation of the required fire alarm system shall be by manual pull stations and automatic smoke detection throughout all common areas. The required initiating devices shall be installed in accordance with NFPA 101, Life Safety Code, and NFPA 72, National Fire Alarm Code, whichever editions are currently adopted by the State of New Hampshire.
(c) 
In environments that do not permit smoke detection, heat detection may be substituted with specific approval from the Fire Prevention Division.
(d) 
Notification of the required fire alarm system shall be throughout the building in accordance with NFPA 101 and NFPA 72, whichever editions are currently adopted by the State of New Hampshire.
(e) 
The fire alarm system shall be connected to the municipal fire alarm system or a listed central station service in accordance with § 51-4L.
(f) 
A building which has an automatic sprinkler system in accordance with NFPA 13 or NFPA 13R shall not be required to have automatic smoke detection in common areas. The building shall still be required to be in compliance with RSA 153:10-a.
(g) 
This requirement shall not apply to townhouse construction as defined in the International Residential Code.
(4) 
New installation of single-station smoke alarms. Any new installation of single-station smoke alarms in new or existing construction shall be powered by direct wiring to a nondedicated electrical branch circuit for the building and by battery. Any existing smoke alarms which are less than 10 years old, in good working order, or otherwise compliant with the currently adopted versions of NFPA 101 and NFPA 72 are permitted to remain.
A. 
Purpose.
(1) 
The purpose of these requirements are to insure that all sprinkler systems installed in the Town of Derry, New Hampshire, are designed, installed, and maintained to achieve a high degree of reliability.
(2) 
These requirements are intended for use by persons knowledgeable in the design, installation, use, and maintenance of sprinkler systems.
B. 
Permits and plan submittals.
(1) 
Any installation or modification of an automatic sprinkler system shall have a permit issued from the Derry Fire Department's Fire Prevention Division. No installations or modifications shall begin without a permit being issued.
(2) 
The minimum plan submittal shall be in accordance with working plans requirements of NFPA 13, NFPA 13R, or NFPA 13D as appropriate.
(3) 
The submitted plans and specifications for NFPA 13 and NFPA 13R systems shall bear the stamp of a New Hampshire licensed fire protection engineer. NFPA 13D systems may be submitted by individuals who have a NICET level III or higher certification.
(4) 
The water supply flow test shall be within the previous 12 months.
C. 
(Reserved)
D. 
Fire Department connections.
(1) 
The Fire Prevention Division shall approve the locations of all Fire Department connections.
(2) 
The Fire Department connection shall be a four-inch Storz connection unless otherwise specified by the Fire Prevention Division.
(3) 
When a building is equipped with more than one Fire Department connection, a sign must be permanently installed at each connection indicating the section of the building serviced by that connection.
(4) 
For new buildings, a fire hydrant shall be installed within 100 feet of the Fire Department connection. The location of the hydrant shall be approved by Fire Prevention. Exception: This requirement may be waived by the Derry Fire Department for buildings located outside the hydrant district. This requires specific approval from the Fire Prevention Division.
E. 
Zones.
(1) 
All buildings with multiple tenants shall be zoned by tenant spaces.
(2) 
All floors or stories of buildings shall be zoned independently. No zones shall be permitted to protect multiple floors.
F. 
Outside shutoff.
(1) 
All new sprinkler systems shall be equipped with a supervised (tampered) outside shutoff. This can be accomplished with either a post indicator valve (PIV) or a wall post indicator valve (WPIV).
(2) 
The requirements of Subsection F(1) may be satisfied by providing an exterior door which leads immediately to the sprinkler control valve. Specific approval from Fire Prevention is required prior to using this method. The door shall be clearly marked in accordance with Subsection G.
G. 
Signage. If any control valves are located in a separate room or concealed space, a sign shall be provided on the entrance door or near the concealed space. The lettering shall be a minimum of one inch high in a contrasting color to the background. The final placement of these signs shall be approved by the Fire Prevention Division.
H. 
System acceptance.
(1) 
All underground mains shall be flushed and hydrostatically tested in accordance with NFPA 24. The contractor's material and test certificate for underground piping shall be completed, signed, and submitted to the Fire Prevention Division prior to the acceptance test.
(2) 
Prior to the acceptance test, the system shall be one-hundred-percent tested with the contractor's material and test certificate for aboveground piping and the annual inspection test form completed, signed, and submitted to the Fire Prevention Division prior to the acceptance test. Exception: The Inspector, at his/her discretion, may allow these documents to be hand-delivered at the acceptance test. No system shall be accepted prior to these certificates and reports being submitted.
(3) 
The installer shall provide all necessary personnel and equipment to complete the testing. Fire Department personnel will not perform any function involved with the testing procedure.
I. 
System maintenance.
(1) 
All sprinkler systems are required to be tested and maintained in accordance with NFPA 25. The annual system test report shall be submitted to the Fire Prevention Division within 30 days of the date of the test.
J. 
NFPA 13D systems required. All townhouse-type construction of three units or more in which the individual units have their own separate access and egress and are separated by fire-rated walls between both units and do not share such common areas as entries, corridors, exits, and alarm systems shall provide residential sprinkler systems as required by NFPA 13D.
A. 
Key boxes. Any building with an automatic sprinkler system, fire alarm system or firefighter elevator recall shall be provided with an emergency access key box (Knox-Box®) compatible with the Derry Fire Department key access system. Each key box will be supplied with all necessary keys to gain access to all interior spaces within the building. The location and quantity of the key box(es) shall be approved by Fire Prevention. Property owners and occupants shall notify the Fire Department when keys or locks are changed and provide keys for the key vault.
(1) 
The Knox-Box® size shall be as follows:
(a) 
For up to 10 keys, use Knox-Box® 3200 series.
(b) 
For 10 to 24 keys, use Knox-Box® 4100 series.
(c) 
For over 24 keys, use Knox-Box® 4400 series.
(d) 
For residential occupancies with only two keys, use Knox-Box® 1650 series (requires specific approval from Fire Prevention).
B. 
Emergency contact information. Any building with an automatic sprinkler system, fire alarm system or key box shall provide a list of not less than three people who can be contacted after normal working hours to provide information about the building or who can respond to emergency requests for assistance from the Fire Department. The owner and occupant shall notify the Fire Department of all changes to the emergency contact list.
A. 
Elevators. All new elevators shall be of sufficient size to fit a Derry Fire Department ambulance/medical cot while in the supine position. Where there is more than one elevator in a building, at least one must meet these criteria. This elevator must be clearly marked as to distinguish itself from the other elevators in the building. The international medical symbol for emergency medical services (star of life) shall be acceptable for this purpose. This requirement shall not apply to lifts or existing elevators.
B. 
Elevator recall keys.
(1) 
All keys needed to operate Phase I and Phase II operation shall be provided in the key box as required in § 51-6.
(2) 
The floor to which the elevator(s) recall shall be designated by the Derry Fire Department.
A. 
Separation required for oil and gas heating equipment. A one-hour fire separation shall be attached to the ceiling area over the heating equipment and must extend a minimum of four feet in all directions from the center of the burner and have the joints taped and finished. This requirement may be satisfied by the installation of a sprinkler head installed over the heating unit and connected to an approved, automatic sprinkler system or the domestic water supply. Specific approval is required from Fire Prevention prior to using the sprinkler method.
B. 
Safety controls for oil-fired equipment. An automatic safety switch (firematic) shall be installed over the burner area of all oil-fired heating equipment. Manual switches, identified by a red switch plate indicating the type of fuel, shall be installed at all oil-fired appliances and at a remote location (separated by a door) from the appliance.
C. 
Oil storage tank vents. In addition to conforming to the requirements of NFPA 31, all oil tank vent terminations required at the exterior of the building must have a ninety-degree elbow, a minimum of a six-inch nipple, and a vent cap installed.
D. 
Permit required to install gas-operated heating equipment. All installations of gas-fired heating equipment in the Town of Derry require a permit to be obtained from the Fire Department. Upon completion of the installation, a final inspection by the Fire Department is required. The permit fee is listed in the fee schedule in § 51-11.
E. 
Unvented appliances. Unvented room heaters and unvented fireplaces shall not be used in any building or structure within the Town of Derry unless they meet all the following:
(1) 
All requirements of the State Fire Code.
(2) 
A primary source of heat shall be present, operable, and permanently installed in any room or space serviced by an unvented room heater or unvented fireplace.
(3) 
Not less than one listed carbon monoxide detector will be installed and maintained in accordance with the manufacturer's instructions near the space where the heater is located.
(4) 
Units shall be installed in complete compliance with manufacturers' instructions. A copy of these shall be provided to the inspector upon request.
(5) 
A permit shall be issued from the Derry Fire Department prior to installation. An inspection shall take place prior to use of the unit.
All basement spaces shall be provided with a minimum of one direct means of egress to the exterior of the building.
Item
Fee
Assembly permit
$50
Gas burner installation
$50
Oil burner installation
$50
Gas piping installation
$50
Underground storage tanks
$25
Installation or modification of an automatic sprinkler system
$1 per sprinkler; $50 minimum
Installation of a standpipe
$50
Installation or modification of a fire alarm system
$1 per device; $50 minimum
Installation or modification of a fixed fire suppression system
$75
Plan review
$0.025 per square foot of affected area
Day-care facilities
Families
$25
Group
$50
Center
$75
Blasting permit
$75
Reinspection
$50
Incident reports
Fire reports, less than one year
$20
Fire reports, more than one year
$25
Emergency medical services
$15
Application for master box number and basic connection
$150
Application for radio box number and programming
$50
Municipal alarm circuit extension charge (per pole span)
$100
Master box disconnect service call (temporary physical disconnection from municipal system)
$50
Master box reconnect service call (required if not on same day as disconnect)
$50
Master box "short arm" service call (per incident)
$25
Application for fire alarm listed agent
$25
Testing fee for fire alarm listed agent
$25
Listed agent short arm
$60
Listed agent master box key
$10
Radio box monitoring fees for non-Derry occupancies
Commercial radio box
$25 per month/$300 per year
Residential radio box
$20 per month/$240 per year
Municipal radio box
No charge
False alarm charges
First five alarms in excess of the limit
$50 per alarm
All false alarms in excess of the first five above the limit
$100 per alarm
A. 
An application fee shall be paid at the time of application for the master or radio box number to cover the cost of the basic connection or programming. All costs of the connection are the responsibility of the property owner. The basic connection charge is incorporated in the application fee and is due at time of application for number assignment.
B. 
The Town shall determine if there will be any additional extensions of the existing municipal fire alarm (100 milliamps) system.
C. 
All extensions of the existing municipal fire alarm (100 milliamps) system cable that are necessary to connect a private master box system to the municipal system, where not immediately adjacent to the property, will be installed by the Town. Such additional labor, parts, and supplies required to extend the municipal circuit to the property boundary is the responsibility of the owner. The Town will provide the applicant with a detailed invoice prior to installation.
D. 
Fire Department fee schedule for master/radio box. Fees are included in the fee schedule located in § 51-11.
A. 
Any fire alarm technician installing, making modifications, or maintaining any fire alarm system in the Town shall hold a valid and current listed agent certificate issued by the Derry Fire Department.
B. 
Applicants for annual registration as a listed agent in the Town of Derry shall pay a fee. Applicants may register annually or for a period not to exceed two calendar years.
C. 
Listed agent certificates are issued for a period not to exceed two calendar years. Certificates issued anytime within the year will expire at the end of the last day of December of each calendar year.
D. 
Applicants for listed agent certification for the Town must exhibit proof of competency on one-hundred milliamp municipal alarm systems. This proof may be submitted in the form of certification by another accepted municipality or by some other form of accepted training, the type to be determined by the Fire Chief and/or his designee. Agent applicants requiring training may have it provided by the Town at an additional one-time cost.
E. 
Fire Department fee schedule for fire alarm technicians/listed agent. Fees are included in the fee schedule located in § 51-11.
A. 
The Fire Department shall designate the numbers to be affixed to the buildings on streets and ways in the Town of Derry. Every dwelling, building or structure (whether existing on the date of adoption of this chapter or which may exist in the future) located in the Town of Derry shall be required to have such number posted upon such dwelling, building, or structure or upon the property where such improvements exist so as to be plainly visible from the street or way which abuts the main entrance to such property.
B. 
For any building or structure for which a number has or shall be designated, the numbers shall be a minimum of four inches high with a one-half-inch stroke.
C. 
The owner of any property seeking a building permit for a new building or structure shall apply for and affix to said building, prior to the issuance of an occupancy permit, a building number designation from the Fire Department.
D. 
No person shall affix or permit to be affixed to or shall allow to remain upon any building in the Town any different number from the one designated by the Fire Department, with the exception of dates affixed for historical purposes.
A. 
Any radio box fire alarm in the Derry catchment area that is connected to the Derry Fire Department by way of radio signal receiver shall pay a monitoring charge to the Town of Derry.
B. 
All commercial/residential radio fire alarm box owners shall pay an annual monitoring fee for each calendar year. (See fee schedule.) New systems installed shall be charged a pro rata fee per month or part of a month until December 31 of the installation year after which the annual fee will take effect on January 1.
Note: Municipal occupancies (e.g., Town offices, schools) in communities with dispatch contracts with the Derry Communications Center will be exempted from monitoring fees.
C. 
Fees for fire alarm monitoring. Effective December 1, 2009, fees are included in the fee schedule located in § 51-11.
A. 
The Town shall take every reasonable precaution to assure that the alarm signals and alarm messages received by the Fire Department are given appropriate attention and are acted upon with dispatch. Nevertheless, the Fire Department shall not be liable for any defects in operation of alarm devices, nor for the failure or neglect of any person in connection with the installation and operation of alarm signals or the receipt or relaying of such signals and messages.
B. 
In the event that the Fire Department finds it necessary to disconnect an alarm device, the Fire Department shall incur no liability by such action. The Fire Department does have the responsibility for immediate notification to the registered owner whose fire alarm device has been disconnected.
A. 
Any registered owner or lessee of a property having an alarm connected to the municipal alarm system, to an alarm agent, alarm business, or person responding to alarms which causes any signal, message, or alarm to be transmitted to the Derry Fire Department either by direct telephone or other communication and which is proven to be a false alarm shall pay a false alarm charge to the Town.
B. 
"False alarm" means the activation of an alarm system through mechanical failure, accidental tripping, inoperation, malfunction, misuse, or the neglect of the owner or lessee of an alarm system, or of his employees or agents. Upon failure of the Fire Department to find any evidence of legitimate cause for the alarm activation, a conclusive presumption of false alarm will be made. False alarms shall not include alarms caused by earthquakes, violent winds, or external causes beyond the control of the owner or lessee of the alarm system. The Derry Fire Department false alarm evaluation document will be used to determine false alarm charges.
C. 
This charge shall be based on the number of false alarms received from the same alarm system during a calendar year. The false alarm limits shall be based on the number of alarm-initiating devices connected to the fire alarm system. Each fire alarm control panel will be considered a separate system. Fees are included in the fee schedule located in § 51-11.
Number of Devices Connected to System
False Alarm Limit Per Year
1 to 125
3
126 to 250
5
251 to 375
10
376 or more
15
D. 
Notification.
(1) 
Registered alarm users will be notified by the Derry Fire Department, in writing, of all false alarm responses over the limit.
(2) 
All false alarm service charges will be submitted to the alarm user in writing monthly by the Derry Fire Department.
(3) 
A copy of the Derry fire response report shall be provided to the registered owner or lessee. This shall be deemed sufficient notification to the alarm user of such response.
(4) 
An alarm user may appeal false alarm service charges, in writing, to the Fire Chief within 10 days after receipt of the notice of penalty.
E. 
Payment of false alarm service charge.
(1) 
Payment of the alarm service charge shall be billed to the registered owner of the building and paid to the Town of Derry Office of the Tax Collector.
(2) 
Payments shall be due within 30 days of receipt of notification.
(3) 
Failure to make payment for alarm service charges within 30 days of receipt of notification shall result in a penalty charge of $10 added to the alarm service charge. Penalty charges will be assessed for each thirty-day period, not to exceed 90 days that the alarm service charge remains unpaid.
(4) 
No penalty shall be assessed to an alarm user while the alarm service charge is being considered under appeal by the Fire Chief.
Any person who shall violate a provision of this code shall be subject to the penalties as provided for in RSA 676:17, as amended. Each day the violation continues shall constitute a new violation.
Any person shall have the right to appeal a decision of the Fire Inspector to the Zoning Board of Adjustment pursuant to RSA 673:3, IV. An application for appeal, pursuant to RSA 674:34, can only be based on a claim that the true intent of these adopted requirements have been incorrectly interpreted, the provisions of the requirements do not fully apply, or an equally good or better method of complying with the intent of these requirements is available. The Board shall have no authority to waive requirements of the state building code or the state fire code. The appeal must be filed within 20 calendar days after a notice of decision was mailed by regular mail to the last known address of the property owner or aggrieved party as recorded in the Assessor's office of the Town or as provided by an applicant or design professional.