[HISTORY: Adopted by the Town Meeting of the Town of Swansea
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-16-1996 STM
by Art. 9]
A.
This bylaw shall apply to the installation, operation, and maintenance
of all Commercial Fire Alarm Systems where the State Building Code
or Massachusetts General Laws requires sprinkler systems, and/or fire
alarm systems.
B.
Fire Alarm Systems shall include systems connected to the main fire
station by means of a Radio Master Box, or on a digital dial-up basis.
C.
To the extent that these Rules and Regulations may be inconsistent
with State or Federal Law, the State or Federal statute shall supersede
this Bylaw. All questions regarding Fire Alarm Systems shall be resolved
with the authority having jurisdiction (A.H.J.) before proceeding
with construction.
The transmittal of a fire alarm which is caused by improper
installation of a fire alarm system, a mechanical defect, lack of
maintenance, or other reason that will cause a fire alarm to sound,
even though there is no actual fire or situation that reasonably could
evolve into a fire.
An individual or entity who owns the business or building
with a fire alarm, or is responsible for the maintenance of a Fire
Alarm System equipped to send fire alarms to the Swansea Fire Department,
central station or an alarm receiving company.
Any heat activated, smoke activated, flame energy activated,
or other such automatic device capable of transmitting a fire alarm
signal to either the fire department, central station, or alarm monitoring
company.
The Chief of the Swansea Fire Department.
A radio Transmitting box capable of transmitting a fire alarm
signal to the Swansea Fire Department by zone and by radio waves.
The individual or entity who has his/her business fire alarm
system is equipped to send fire alarm signals directly to the Swansea
Fire Department.
A.
As of the effective date of this bylaw, no alarm system or equipment
designed to summon the fire department shall be installed without
first obtaining a fire alarm permit signed by the Fire Chief or his
designee. Existing alarm systems must obtain a permit within three
months of the effective date of this bylaw. The Fire Chief shall prescribe
an application form for the alarm permits and may impose other rules
as may be necessary for the connection to the municipal Fire Alarm
System shall be obtained from the Fire Chief or his designee. The
fee for each alarm permit shall be $10. The approval requirement shall
include municipal radio master box connection and digital dial-up
devices.
B.
Any current or future alarm user may contract with an alarm company
of their choice for the purchase, lease, installation and servicing
of an alarm system on their premises.
C.
Existing telephone dialers using voice-type tape recorders, which
are not compatible with the alarm console, may continue to use the
special alarm number set up only for this purpose for a period not
exceeding one year from the effective date of this bylaw. New applications
for voice-type tape systems will not be approved.
D.
Actual connection to the Swansea Fire Department's alarm console
by radio master box or digital dial-up will be made by the Town's
designated Alarm Contractor, or Fire Alarm Division personnel. The
connection fee for each alarm system shall be established by the Board
of Selectmen.
E.
The Town will make every attempt to insure the proper operation of
the alarm receiving equipment, but accepts no liability for conditions
which prevent proper reception of signals for the user's premises.
F.
This approval requirement shall include municipal connection, radio
master box, and digital dial-up devices.
G.
All sprinkler systems shall have a water flow alarm with a direct
connection to the Swansea Fire Department.
H.
Sprinkler systems and valves, including back flow preventors, shall
be provided with tamper proof protection as directed by the Fire Chief.
Devices designed to detect tampering shall be tied into the municipal
fire alarm system.
A.
The Swansea Fire Department will receive a set of professionally
drawn blueprints prior to any building permit being issued by the
Building Inspector.
B.
The prints will include a complete sprinkler system and riser diagram
and/or a complete fire detection system diagram.
C.
The prints will include the fire alarm annunciator as well as the
radio master box.
D.
A letter on official company stationary will accompany each set of
blueprints or plan. Said letter will state that the system meets or
exceeds all applicable State and Local codes and N.F.P.A. Standards.
E.
Estimated installation dates and final acceptance dates are required.
Submittal will include manufacturer's specification sheets.
F.
Any deviation from the plan will be documented in writing and approved
by the Fire Chief or his designee.
G.
There will be a $25 plan review fee.
H.
The A.H.J. assumes no responsibility for items omitted on the blueprints
but required by code or this document. Final approval is given only
after completion of all aspects of this Agreement and is signified
by the signing off of the Swansea Fire Department's section of
the building occupancy permit, or the final fire alarm acceptance.
Whenever an alarm system or equipment is disconnected, removed,
or substantially altered, the owner or user shall notify the Swansea
Fire Department in writing so that an appropriate notation may be
made on the permit. An approval by the head of the Swansea Fire Department
is required before any work is started.
A.
Each alarm user shall submit to the Fire Chief the names, addresses
and telephone numbers of two persons who can be reached at any time,
day or night, who are authorized to gain access to the protected premises
for the purposes of silencing and resetting the alarm system. It shall
be the alarm user's responsibility to keep this information up
to date. In addition, each control panel shall have located inside
the door the above information and also the name of the company and
phone numbers of the company who currently services the system.
B.
Written instructions shall be clearly visible for resetting a fire
alarm control panel, on or near the unit. Permission to attempt a
system reset must be on file with the Swansea Fire Department if the
user wishes Department to reset the control unit. If after three attempts
a system will not reset, the zone, or if necessary, the attempts shall
be made to contact the parties from data given by the user. The Town
assumes no liability for the inability to contact listed persons.
The Town also assumes no liability for alarms or zones that are taken
out of service.
C.
Any building which has a fire alarm system or other fire protection
system or other fire protection system shall provide a "Knox Box"
brand secured key box installed in a location of the exterior of the
building accessible to the Swansea Fire Department in case of emergency.
This key box shall contain keys to the facility, the fire alarm control
panels and other keys necessary to operate or service fire protection
systems. The key box shall be a type approved by the Chief of the
Swansea Fire Department and shall be located and installed as approved
by the Chief. Only the Fire Chief, the Deputy Fire Chief or his designee
shall have the keys to each key box, and the key box itself shall
be alarmed. Right to know documents may require a Knox vault.
E.
There shall be a building graphic located at the fire alarm panel
showing zone information and location for arriving firefighters. The
graphic will meet with the approval of the Fire Chief.
F.
Each fire alarm panel will have zone information clearly and permanently
affixed to the fire alarm box. This will not be necessary with addressable
systems approved by the A.H.J.
A.
No alarm system designed to transmit emergency messages or signals
directly to the Swansea Fire Department shall be worked on, tested
or demonstrated without obtaining permission from the Swansea Fire
Chief.
B.
A completed system accuracy test will be conducted on the entire
system before the occupancy permit is issued by the Building Inspector.
C.
No work shall be performed on a fire alarm system or a sprinkler
system without first obtaining a permit from the Swansea Fire Department.
A.
The Swansea Fire Department shall assess an annual fee, set by the
Board of Selectmen, for the continuous monitoring of each alarm system.
B.
Every alarm now connected to the Swansea Fire Department on the effective
date of this law shall pay an annual monitoring fee as determined
by the Board of Selectmen.
C.
All fees are to be deposited in a revolving account for the express
purpose of maintenance and capital improvement of Public Safety alarm
circuits, equipment and labor necessary to maintain said Town alarm
system. Said revolving account shall be subject to the requirements
of MGL c. 44, § 53E 1/2.
D.
Billing period will be from January 1st to December 31st.
A.
If there is a fire alarm malfunction as defined herein, Fire Chief
may assess a fine against a fire alarm system owner for each malfunction
per calendar year starting January 1st and ending December 31st.
B.
The following schedule shall apply and shall be reviewed annually
by the Board of Selectmen:
|
First through Third
|
No Charge
|
|
Fourth and Fifth
|
$40 each
|
|
Sixth and Seventh
|
$100 each
|
|
Eighth through Tenth
|
$150 each
|
|
Eleventh and each one thereafter
|
$300 each
|
C.
Fire alarm systems connected to the Swansea Fire Department or by
other automatic means, or through a central station, or an alarm monitoring
company are subject to this section.
D.
Any fire alarm which is the result of the failure of the property
owner, occupants, or agents to notify the Swansea Fire Department
of repairs, maintenance, or testing of the integral fire alarm system
within the protected premises.
E.
The operation of a faulty smoke or heat detection device.
F.
Faulty control panel or associated equipment.
G.
A water pressure surge in automatic sprinkler equipment.
H.
An action of the owner or employee, or occupant of the protected
premises, or a contractor employed by the owner or occupant, causing
an accidental activation of he internal fire alarm system.
I.
Property owner will be billed once a month for the previous month's
malfunctions.
J.
Any fire alarm owner who is aggrieved by an action taken by the Fire
Chief under this bylaw may within 10 days of such action file an appeal
in writing to the Board of Selectmen of the Town of Swansea. The Board
shall render a decision and notify the owner by first class mail within
10 days of the hearing. The decision of the Board shall be the final
administrative hearing. The owner shall have 30 days from the date
of the written decision to seek judicial review in the District Court.
A.
In order to protect and enhance public safety by reducing the risk
of fire hazards, the provisions of the Code of Massachusetts Regulation
527 C.M.R. 1.00 to 50.00, as from time to time amended, are hereby
incorporated in and made part of this bylaw and any violation of any
provision thereof shall constitute a violation of this section.[1]
[1]
Editor's Note: See now the Massachusetts Comprehensive Fire
Safety Code, which adopts by reference the NFPA 1 Fire Code (See CMR
Title 527).
B.
Whoever violates any provision of § 105-10 shall be punished by a fine of $50 for each offense. In the case of continuing violations, each day said violation continues shall constitute a separate offense. Said Section shall be enforceable by the Chief of the Fire Department or his authorized designee, as well as by Town Officers having police powers.
C.
The marshal, the Chief of the Fire Department or any person to whom
the marshal or the Chief of the Fire Department may delegate his authority
in writing may, and upon complaint of a person having an interest
in any building or premises or property adjacent thereto, shall, at
any reasonable hour, enter into buildings and upon premises, which
term for the purposes of the remainder of this section shall include
alleys adjacent thereto, within their jurisdiction and make an investigation
as to the existence of conditions likely to cause fire. They shall,
in writing, order such conditions to be remedied, and whenever such
officers or persons find in any building or upon any premises any
accumulation of combustible rubbish including, but not limited to,
waste paper, rags, sticks, waste leather or rubber, broken boxes or
barrels or any other refuse or useable materials that is or may become
dangerous as a fire menace or as an obstacle to easy ingress into
or egress from such buildings or premises, they shall, in writing,
order the same to be removed or such conditions to be remedied. Notice
of such authorized agent by a member of the Fire or Police Department.
If said order is not compiled within 24 hours, the person making such
order, or any person designated by him, may enter into such building
or upon such premises and remove such refuse or any useable materials
or abate such conditions at the expense of such owner or occupant.
Any expense so incurred by or on behalf of the commonwealth or of
any city or town, shall be a lien upon such building or premises,
effective upon the filing in the proper registry of deeds of a claim
thereof signed by such person and setting forth the amount for which
the lien is claimed; and the lien shall be enforced within the time
and in the manner provided for the collection of taxes upon real estate.
Any such owner or occupant who fails or refuses to comply with said
order shall be punished by a fine of not more than $50. For each day
the non-compliance continues shall constitute a separate offense.
A.
The Fire Chief may suspend or revoke an alarm permit for just cause
in accordance with the following procedure:
(1)
The Fire Chief or his designee shall issue to the permit holder a
written notice, by certified mail, of his intent to suspend or revoke
the alarm permit. Notice will include the date of intended suspension
or revocation, the reason for the suspension or revocation, and notice
that the permit holder is entitled to a hearing upon written request.
(2)
Upon receipt of a notice of suspension or revocation, the permit
holder may, within five working days of receipt, submit a written
request for a hearing before the Fire Chief or his designee thereof.
At the hearing, the permit holder shall have the right to present
evidence, cross-examine witnesses and be represented by counsel. The
hearing shall be informal and shall not be subject to rules of evidence
or formal courtroom procedure. After the hearing, the hearing officer
may issue a written order of suspension or revocation for a given
period of time. He may also withdraw any previous order of suspension
or revocation.
(3)
During the appeal period, the alarm system may remain in operation.
(4)
An alarm owner or user whose permit has been suspended or revoked
may re-apply for a new permit after the suspension period is over.
B.
An alarm user wishing to appeal a decision of the Fire Chief may
within 15 calendar days of any fee assessment or permit suspension
or revocation, request in writing a hearing with the Board of Selectmen.
The following acts and omissions shall constitute a violation
of these regulations. The responsible person or party shall be punished
by a fine of not less than $50 per offense as follows. Each day in
which a violation occurs may be considered a separate offense.
A.
Failure to follow an order issued by the Fire Chief to disconnect
an alarm system from the municipal radio box, or to disable a telephone
dialer arranged to dial the digital alarm console or the special alarm
telephone numbers.
B.
One year after the effective date of these regulations, using a telephone
dialing device arranged to dial a Swansea Fire Department number without
authorization under this bylaw.
C.
Failure to pay two or more consecutive fees assessed under § 105-9 of these regulations, within 60 days from the date of the second assessment.
E.
Continued transmission of false alarms caused by the user's
negligence or system malfunctions on the user premises which is under
the user's control, and where no effort is made to correct the
condition.
The provisions of this ordinance are severable. If any provision
of this ordinance or its application to any person or circumstance
is held invalid, such invalidity shall not affect the remaining provisions
or applications of this ordinance.
[Adopted 3-15-2004 STM
by Art. 20]
It is determined that the number of false alarms being made
to the Swansea Police Department hinders the efficiency and lowers
department morale. This situation constitutes a danger to the general
public, homeowners, businesses and the police. The adoption of this
bylaw will reduce the number of false alarms and promote responsible
use of alarm devices in the Town of Swansea.
A.
The term "Burglar Alarm System" means 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 or low voltage transformer, 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 a premise or an attempted robbery at a premise are specifically excluded from the provisions of this bylaw. The provisions of § 105-20 of this bylaw shall apply to all users.
B.
The term "User" or "System User" means any person who owns or leases an alarm system as provided in this article. The system user shall be responsible for all penalties that may be assessed under § 105-20 of this article.
C.
The term "False Alarm" means (a) 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;
(b) any signal or automatic dialing device 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
of this definition, activation of alarms 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.
D.
The term "automatic dialing device" refers to an alarm system which
automatically sends over regular telephone lines, by direct connection
or otherwise, a pre-recorded voice message or coded signal indicating
the existence of the emergency situation that the alarm system is
designed to detect.
No alarm device or system shall be connected to, or use, any
telephone line in the police department, except those lines authorized
by the Chief of Police.
A.
The Chief of Police is hereby authorized to require the registration
of all burglar alarm systems.
B.
All presently existing burglar alarm system users shall be required
to register the system within 60 days of enactment of this article.
Registration forms will be available at the Police Department.
C.
Any person who owns or operates a burglar alarm device or system
shall, as part of the registration procedure, submit to the Chief
of Police the names, addresses and telephone numbers of at least two
other persons who are authorized to respond, after notification by
the Police Department, to an emergency signal transmitted by an alarm
system and who can open the premises wherein the alarm system is installed.
It shall be incumbent upon the owner of said premises to immediately
notify the Swansea Police Department of any changes in the list of
authorized employees or other persons to respond to alarms.
D.
Self-contained battery operated devices not utilizing an exterior
sounder or not connected to elicit a police response need not be registered
under this article.
A.
All alarm systems installed after the effective date of this bylaw
which use an audible siren, horn or bell shall be equipped with a
device that will shut off such bell, horn or siren within 15 minutes
after activation of the alarm system. All existing alarm systems in
the Town of Swansea must have a shut-off device installed within six
months of passage of this bylaw.
B.
Any alarm system emitting a continuous and uninterrupted signal for more than 15 minutes between 7:00 p.m. and 6:00 a.m. or which continually sounds without legitimate cause during or which continually sounds without legitimate cause during this time period, 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 § 105-17C, and which disturbs the peace, comfort or repose of a community, a neighborhood or a considerable number of inhabitants of the area where the alarm system is located, shall constitute a public nuisance. Upon receiving complaints of continuous or frequent signals, the Police Department shall endeavor to contact the alarm user, or members of the user's family, or those persons designated by the alarm user in § 105-17C, in an effort to abate the nuisance. The Police Chief shall cause to be recorded the names and addresses of all complainants and the time of each complaint was made.
C.
No alarm system which is designated to transmit emergency messages
or signals of intrusion to the Police Department will be tested until
the Police Dispatcher has been notified.
D.
The user of an alarm system shall be subject to the provisions of § 105-20 for all intentional false alarms caused by the user, his family, employees, or agents.
E.
The provisions of this bylaw shall not apply to alarm devices or
premises owned or controlled by the Town, nor to alarm devices installed
in a motor vehicle or trailer.
F.
For a third false alarm in any calendar year, the Police Chief, shall
send a written order to the subscriber instructing them to:
(1)
Have the alarm system inspected by an Alarm Company.
(2)
Review alarm procedures with all employees (if the premise is a business)
or members of the household (if the premise is a residence).
(3)
Within five days after this order is sent, the subscriber shall forward
to the Chief of Police proof that the alarm system has been inspected
and is in good working order.
(4)
At the third false alarm in any calendar year, the Police, shall
send a written notice to the subscriber notifying them that a subsequent
false alarm within the calendar year will be considered a nuisance
alarm violation.
Each subscriber is required to maintain all components of their
alarm system in good working order at all times to ensure that the
sensory mechanism is adjusted to suppress false indications of hold-ups
or intrusions of fire or smoke conditions so that the alarm system
will not be activated by impulses due to short flashes of light, wind,
noise, vehicular noise or other forces unrelated to genuine alarms.
A.
The user shall be assessed the below listed fines as a false alarm
service fee for each false alarm in excess of three occurring within
a calendar year:
|
4th False Alarm:
|
$50
|
|
5th False Alarm:
|
$60
|
|
6th and subsequent False Alarms:
|
$70
|
(1)
The Police Chief shall notify the alarm user either by certified
mail or by service in hand by a Police Officer of such violation and
said user shall submit payment within 15 days of said notice to the
Town of Swansea for deposit to the general fund.
B.
Appeal of assessment charges must be made in writing to the Chief
of Police within 30 days of the assessment notice.
C.
The Police Chief may waive any of the assessments stated in this
section if circumstances warrant such waiver. Reasons for such waiver
must be attached to the penalty notice and duly signed by the Chief
of Police
D.
The user of a system which occasions six or more false alarms within
a calendar year or fails to pay the fine after said notice, may be
ordered to disconnect and otherwise discontinue the use of the same
by the Board of Selectmen after a public hearing.
