[HISTORY: Adopted by the Town Meeting of the Town of Ayer
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-15-2020 ATM by Art. 32]
The following bylaw shall be entitled "Automatic Fire Alarm
Systems."
When used in this bylaw, unless a contrary intention clearly
appears, the following words shall have the following meanings:
The transmittal of an alarm signal to the Ayer Fire Department
(AFD) 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.
An individual or entity who owns the title to and/or has
on his business or residential premises an alarm system capable of
sending a fire alarm signal to the AFD by way of a master box.
An electronically activated, heat-activated, smoke-activated,
flame-energy-activated, or other such automatic device capable of
transmitting an alarm signal to the AFD by way of municipal master
fire alarm box for the purpose of providing a fire alarm signal to
the Fire Department.
The Chief of the Ayer Fire Department.
Control, equipment or device which enables an individual
or entity who has on his business premises a fire alarm system to
send a signal directly to the AFD.
A.
Every alarm system owner whose alarm system is connected to the AFD
by means of a master box prior to the effective date of this bylaw
shall pay fees as set from time to time by the Fire Department.
B.
An alarm system owner whose alarm system is connected after the effective
date of this bylaw to the AFD by way of a master box shall pay fees
as set from time to time by the Fire Department.
C.
Before any alarm system is connected to the AFD, the alarm system
owner shall provide the Fire Chief with the following information:
(1)
The name, address, and home and work telephone numbers of the alarm
system owner;
(2)
The street address where the alarm system and master box are located
and the name and address of the building owner;
(3)
The names, addresses, and telephone numbers of the persons or businesses
to be protected by the alarm system connected to the master box;
(4)
The names, addresses, home and work telephone numbers of at least
two persons other than the alarm system owner who can be contacted
24 hours a day, who are authorized by the alarm system owner to respond
to an alarm signal and to have access to the premises in which the
system is located; and
(5)
Such other information as the Fire Chief may require.
D.
If at the passage of this bylaw an alarm system has already been
connected to the AFD by way of a master box, the alarm system owner
shall comply with the requirements of this section within 60 days
after the AFD has sent notice by first class mail of the requirements
of this section. If an alarm system owner fails to comply with this
section, the Department Chief may assess a fine of $50 for each day
of noncompliance.
E.
Private alarm systems connected to the AFD by other automatic means
or through a central operating system such as a company equipped to
receive an alarm signal for each of its customers which then transmits
to the AFD the location of such alarm shall not be subject to the
provisions of this section, but shall be subject to all other sections
of this bylaw.
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 Fire Department with the updated information and shall pay the
fee, if any, required by this bylaw.
A.
If there is an alarm system malfunction, as defined herein, the Fire
Chief may assess a fine against the building owner for each malfunction
per fiscal year according to the following schedule.
(1)
The first through third malfunction: no charge. Upon recording of
the third false alarm by the Department, the Fire Chief 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 Department's policy
with regard to charging for false alarms.
(2)
The fourth through sixth malfunctions: $100.
(3)
The seventh through 11th malfunctions: $200.
(4)
Each malfunction after the 11th: $300.
B.
Any false alarm which is the result of the failure of the alarm system owner, building owner, occupant or their authorized agents to notify the Fire Department of the repair, maintenance or testing of the internal alarm system within the protected premises shall cause a penalty to be assessed in accordance with Subsection A of this section.
C.
For the purpose of this bylaw, a false alarm shall be defined as
follows:
(1)
The action by an alarm system owner or an owner, employee, agent,
or occupant of the protected premises, or a contractor employed by
the owner or the occupant, 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.
Property owners will be billed once a month for the previous month's
malfunction activity.
E.
If the bill to the building owner is not paid within 30 days, a second
notice will be sent forthwith. If the second bill is not paid after
the expiration of another thirty-day period, a final notice will be
sent informing the building owner and/or occupant that the alarm system
will be disconnected from the master box and the insurance company
will be notified.
A.
No alarm system shall be equipped with a tape dialer or similar automatic
telephone system which will transmit an alarm message to any telephone
lines of the AFD.
B.
If at the passage of this bylaw an alarm system is equipped with
such a tape dialer or similar automatic telephone device, the alarm
system owner shall have 60 days from the passage of this bylaw to
disconnect such tape dialer or similar automatic telephone device.
If an alarm system owner fails to comply with this section, the Fire
Chief may assess a fine of $50.
A.
Any alarm system owner or building owner who is aggrieved by an action
taken by the Fire Chief under this bylaw may, within 10 days from
such action, file an appeal, in writing, to the Select Board of the
Town of Ayer. 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.
B.
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 owner shall have 30 days from
the date of the written decision to seek a judicial review in the
Middlesex County Superior Court.
The Fire Chief may promulgate such regulations as may be necessary
to implement this bylaw. The Fire Chief is authorized to pursue such
legal action as may be necessary to enforce this bylaw.
All fines assessed herein shall be payable to the Town Treasurer/Tax
Collector of the Town of Ayer for deposit in the general fund.
The Town of Ayer 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 bylaw shall be made at no cost
to the Town of Ayer.
A.
Any building other than a residential building of fewer than six
units which has a fire alarm system or other fire protection system
shall provide a secure key box installed in a location accessible
to the Fire Department in the event of an emergency. This key box
shall contain the keys to the fire alarm control panels, elevators
and any other keys necessary for access to fire protection equipment.
B.
The key box shall be a type approved by the Chief of the Ayer Fire
Department or his designee and shall be located and installed as approved
by the Chief or his designee.
C.
All existing buildings shall be required to comply within 12 months
of the effective date of this bylaw amendment.
D.
All newly constructed buildings, regardless of use or occupancy,
except residential dwellings under six units, shall install a key
box system.
E.
No liability whatsoever is assumed by the Town of Ayer for the failure
of such fire alarm system or monitoring facilities or for non 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 Ayer, its departments,
officers, agents and employees from liability in connection with the
owner's fire alarm system.
[Adopted 6-15-2020 ATM by Art. 32]
For the purpose of this bylaw, the following terms, phrases,
words and their derivations shall have the meanings given herein;
when not inconsistent with the context, words used in the present
tense include the future, words used in the singular number include
the plural number. The word "shall" is always mandatory and not merely
directory.
An assembly of equipment and devices or a single device such
as a solid-state unit which plugs directly into a 110-volt AC line,
arranged to signal the presence of a hazard requiring urgent attention
and to which police are expected to respond. Fire alarm systems and
alarm systems which monitor temperature, smoke, humidity or any other
condition not directly related to the detection of an unauthorized
intrusion into premises or an attempted robbery at a premises are
specifically excluded from the provisions of this bylaw.
No automatic dialing device shall be interconnected to any telephone
numbers at the Police Department after the effective date of this
bylaw unless such device is approved by the Police Department in advance
of interconnection.
Within six months after the effective date of this bylaw, all
automatic dialing devices interconnected to any telephone numbers
at the Police Department shall be disconnected therefrom. The user
of each device shall be responsible for having the device disconnected
upon notification by the Police Chief and/or his designee.
The activation of an alarm system through mechanical failure,
malfunction, improper installation or negligence of the user of an
alarm system or his employees or agents.
Any signal or oral communication transmitted to the Police Department
requesting or requiring or resulting in a response on the part of
the Police Department when in fact there has been no unauthorized
intrusion, robbery or burglary, or attempted threat.
For the purposes or this definition, activation of alarm systems
by acts of God, including, but not limited to, power outages, hurricanes,
tornadoes, earthquakes, and similar weather or atmospheric disturbances,
shall not be deemed to be a false alarm.
A.
Every alarm user shall submit to the Police Chief and/or his designee
the address of the location at which the alarm system is installed,
names and telephone numbers of his residence and place of employment,
and at least two other persons who are authorized to respond to an
emergency signal transmitted by an alarm system and who can open the
premises wherein the alarm system is installed. The alarm user will
be responsible to keep this information current and updated.
B.
All alarm systems installed after the effective date of this bylaw
which use an audible horn or bell shall be equipped with a device
that will shut off such horn or bell within 10 minutes after activation
of the alarm systems.
C.
Any alarm system emitting a continuous and uninterrupted signal for more than 10 minutes which cannot be shut off or otherwise curtailed due to the absence or unavailability of the alarm user or those persons designated by him under Subsection A of this section and which disturbs the peace, comfort or repose of a community, a neighborhood, or a considerable number of inhabitants of the area where the system is located shall constitute a public nuisance. Upon receiving complaints regarding such continuous and uninterrupted signal, the Police Chief and/or his designee shall endeavor to contact the alarm user, or members of the alarm user's family, or those persons designated by the alarm user under Subsection A of this section in an effort to abate the nuisance. The Police Chief and/or his designee shall cause to be recorded the names and addresses of all complaints and the time each complaint was made.
A.
Upon receipt of one through three false alarms within a calendar
year, the Police Chief and/or his designee may send a letter of warning.
B.
The user shall be assessed $50 as a false alarm service fee for each
false alarm in excess of three occurring within a calendar year. All
fees assessed hereunder shall be paid to the Town of Ayer c/o the
Town Treasurer/Tax Collector.
C.
Any false alarms over five:
(1)
Order the user to discontinue the use of the alarm.
(2)
Disconnect any direct connection to the Police Department.
(3)
Order that further connections to the communications console in the
Police Department will be contingent upon the user equipping any alarm
system with a device that will shut off any audible horn or bell within
10 minutes after activation of the alarm system.
D.
The provisions
of this section shall not apply to any Town governmental agency.
Neither the Town of Ayer nor any of its officers shall be under
any obligation or duty to an alarm user, or to any person hereunder,
by reason of this bylaw. The Town of Ayer specifically disclaims liability
for any damages which may be caused by failure to respond to an alarm.
