[HISTORY: Adopted 5-17-1993 Annual Town Meeting, Art. 18.[1] Amendments noted where applicable]
[1]
Editor’s Note: This Article also superseded former Ch. 51, Alarm Systems, adopted 4-13-1982 ATM, Art. 35, as amended.
[Amended STM 9-9-1996 Art. 3]
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. The word "shall" is always mandatory and not discretionary.
ALARM-RECEIVING EQUIPMENT
The instrumentation on an alarm console at the receiving terminal of a signal line which, through both visual and audible signals, indicates activation of an alarm system at a particular location or which indicates line trouble.
ALARM SYSTEM
An assembly of equipment and devices or a single device such as a solid state unit which plugs directly into a 110-volt alternating current (AC) line, arranged to signal the presence of a hazard requiring urgent attention and to which the Police and/or Fire Department are expected to respond.
ALARM USER OR USER
Any person on whose premises an alarm system is maintained within the town except for alarm systems on motor vehicles or proprietary systems. Excluded from this definition and from the coverage of this chapter are central station personnel and persons who use alarm systems to alert or signal persons within the premises in which the alarm system is located of an attempted unauthorized intrusion or holdup attempt. If such a system employs an audible signal emitting sounds or a flashing light or beacon designed to signal persons outside the premises, such a system shall be within the definitions of "alarm system" as that term is used in this chapter and shall be subject to this chapter.
ANNUNCIATOR
A device containing two or more targets or indicator lamps in which each target or lamp indicates the circuit condition or location to be annunciated.
AUDIO-VISUAL ALARM
A UL-listed device which will sound a distinct audible signal rated at 85 dB at 10 feet and will initiate a flashing visual signal which backlights the word "fire".
AUTHORITY HAVING JURISDICTION
The municipal approving authority which is responsible for response to the specific alarm signal that the system is designed to transmit.
A. 
Fire alarms: the Northborough Fire Department.
B. 
Emergency medical alarms: the Northborough Fire Department.
C. 
Security alarms: the Northborough Police Department.
AUTOMATIC DIALING DEVICE
An alarm system which automatically sends over telephone lines or by direct connection or otherwise, a coded signal indicating the existence and location of the emergency situation that the alarm system is designed to detect.
CARBON MONOXIDE DETECTOR
A UL-listed device, designed to detect Carbon Monoxide by reacting to minimum levels in the air, powered by a battery or 110-volt AC current for local residential systems and 24 volts for nonresidential systems.
CENTRAL STATION
An office to which alarm and supervisory signaling devices are connected, where operators supervise circuits or where guards are maintained continuously to investigate signals.
DIGITAL DIALER
A UL-listed device approved by the authority having jurisdiction which transmits coded point identification to the municipal DDI-7 receiver and shall report secondary to a reversing polarity connection.
DIRECT CONNECT
An alarm system which has the capability of transmitting system signals to the municipal alarm-receiving equipment at the Northborough Fire/Police Communications Centers.
DOUBLE ACTION PULL STATION
A UL-listed device designed so that an occupant can manually signal the presence of fire and sound the fire alarm system. To avoid false alarms, this device requires two actions to initiate a signal.
EMERGENCY MEDICAL SERVICES
Emergency medical care and ambulance services offered by the Northborough Fire Department.
FALSE ALARM
An activation of an alarm system due to mechanical failure, malfunction, improper installation or negligence of the user of an alarm system, his employees or agents or which produces any signal resulting in the response of the Police or Fire Department when in fact there has been no unauthorized intrusion, attempted unauthorized intrusion, attempted robbery, attempted burglary, medical emergency or detection of fire, smoke, heat, waterflow or other condition designed to be detected by a fire, security and emergency medical alarm system. Excluded from this definition are activation of alarm systems caused by natural disasters.
FIRE CHIEF
The Chief of the Northborough Fire Department.
FIRE DEPARTMENT
The Town of Northborough Fire Department.
FM-APPROVED
A device which has been tested and approved by Factory Mutual Systems.
GRAPHIC ANNUNCIATOR
A permanently mounted electronically controlled graphic representation of the structure which through the use of light-emitting diodes (LED’s) or backlighting indicates the fire alarm system status, including alarm location, AC power and system trouble (visual and audible). In addition, this unit must meet the approval of the Fire Chief or his designee prior to fabrication. These units may utilize alphanumeric displays or fiber optic technology.
GRAPHIC REPRESENTATION
An illustrated representation of the structure which must be posted at both the fire alarm control panel and at the fire alarm annunciator. This representation must be permanently mounted in a protected enclosure and conform to the standards outlined in Fire Department policy.
HEAT DETECTOR
A UL-listed device which detects and signals the presence of heat by temperature monitoring. Rate-of-rise detectors are not permitted as they automatically reset. Combination fixed temperature/rate-of-rise detectors are permitted for specific applications with approval from the Fire Chief.
IMSA
The International Municipal Signal Association.
INTERCONNECT
To connect an alarm system to a voice grade telephone line, either directly or through a mechanical device that utilizes a standard telephone, for the purpose of using the telephone line to transmit an emergency message upon the activation of the alarm system.
KNOX-BOX
A secured key box manufactured by Knox Company, Irvine, CA, located on the exterior of all structures with fire alarm systems to which only the Fire Department has access.
LICENSED FIRE ALARM INSTALLER
A person licensed by the Commonwealth of Massachusetts to install fire alarm systems.
LOCATING STROBE LIGHT
A red strobe light centered over the Knox-Box which will flash upon the activation of the fire or emergency medical alarm system so as to draw attention to the structure and indicate the location of the Knox-Box.
NATIONAL FIRE CODE
The fire codes developed and published by the NFPA through a consensus process and referenced as part of this chapter.
NEC
The current edition of the National Electrical Code (NFPA 70).
NFPA
The National Fire Protection Association.
NFPA 72
The current edition of Installation, Maintenance and Use of Remote Station Protective Signaling Systems.
NFPA 72E
The current edition of Automatic Fire Detectors.
NFPA 72G
The current edition of Installation, Maintenance and Use of Notification Appliances for Protective Signaling.
NFPA 72H
The current edition of Testing Procedures for Local, Auxiliary, Remote Station and Proprietary Protective Signaling Systems.
NFPA 74
The current edition of Installation, Maintenance and Use of Household Fire Warning Equipment.
NFPA 90A
The current edition of Installation of Air Conditioning and Ventilation Systems.
NFPA 101
The current edition of The Life Safety Code.
NOTICE OF VIOLATION
A legal notice issued by the Fire Chief under CMR 527, CMR 780 or this bylaw which indicates noncompliance.
POINT IDENTIFICATION
Utilizing computer and processed logic control system technology, identifies the exact device of alarm origination and communicates this information locally to the fire alarm control panel and fire alarm annunciator through the use of light-emitting diodes, backlighting or alphanumeric description and, at the discretion of the authority having jurisdiction, transmits this information directly to the municipal system through the use of a digital dialer.
POLICE CHIEF
The Chief of Police of the Town of Northborough.
POLICE or POLICE DEPARTMENT
The Town of Northborough Police Department.
PUBLIC NUISANCE
Anything which annoys, injures or endangers the comfort, repose, health or safety of any considerable number of persons of any community or neighborhood.
SMOKE DETECTOR
A UL-listed detection device designed to detect fires in their incipient stage by reacting to minute by-products of combustion in the air, which is powered by a battery or 110-volt AC current for local residential systems and 24 volts for nonresidential systems (as defined in Underwriters’ Laboratory Code 168).
TOWN
The Town of Northborough.
UL-LISTED
Listed and approved for the specific use by Underwriters’ Laboratory.
VERIFICATION
A fire alarm option which delays the transmission of an alarm from the smoke detector circuits until cross-zoning of two devices indicates an alarm or a single smoke detector holds an alarm condition for two cycles from a single device. (This option greatly reduces false alarms while maintaining a high level of life safety.)
WATERFLOW ALARM
An alarm signal initiated by the activation of a sprinkler, hose station or fixed water spray fire-suppression system.
ZONE
A specific physical area protected by a group of fire alarm initiating devices. (A complete fire alarm system can consist of many zones.)
[Amended 9-9-1996 STM, Art. 3]
A. 
Alarm systems may be connected to the alarm-receiving equipment at the municipal communications center.
B. 
The selected alarm company shall be the sole provider of fire/security receiving equipment for the town. This company shall donate, install, service, maintain and upgrade this alarm receiving and communications equipment and multiconductor communications as requested by the Fire and Police Chiefs so that these devices are capable of receiving and transmitting alarms in accordance with NFPA 72C and as specified and approved by the Fire and Police Chiefs. In consideration for these services, the alarm company shall set forth an annual fee for all nonmunicipal accounts. This fee shall be approved by the Fire and Police Chiefs. Each nonmunicipal subscriber will be required to pay the alarm company for services rendered with respect to the municipal alarm-receiving equipment. Such services shall be set forth in the form of a written contract between the alarm company and each subscriber. After recovery of the initial capital outlay for the alarm receivers, the alarm company shall return 1/2 of all fees collected to the town. The provisions of this subsection relate solely to receiving and communication equipment. Any alarm user may contract with any alarm company of his choice for the sale, installation, maintenance and/or servicing of the alarm system to be installed on his premises. System components installed in all future alarm systems or additions to existing systems shall conform to the written alarm system specifications of the Police or Fire Department. In addition, all systems shall consist of equipment designed for the use for which it is intended and shall be approved for such use by an independent testing laboratory and the authority having jurisdiction.
C. 
The alarm user or the alarm business contracted for servicing the system shall be responsible for obtaining the leased telephone line between the users’ premises and the alarm-receiving equipment at the municipal communications center and for furnishing the appropriate interface equipment, if required, in order to provide an input signal which is compatible with the receiving equipment.
D. 
The provisions of § 2-08-040 concerning false alarms shall apply to all alarm users or persons having direct connect systems, except municipal agencies.
E. 
All alarm users of emergency medical or nonresidential fire alarm systems shall equip the alarmed premises with an approved Knox-Box of sufficient size to hold all pertinent data and provide the Fire Department access to the facility. All Knox-Boxes are to have a red locator strobe light centered over them and shall contain a complete set of access keys and a typewritten laminated list of emergency contacts. In the event that the facility has a contingency plan, a copy of this plan shall be stored on site in a Knox-Box Model Number 1300, 1220 or 1100.
F. 
The alarm user shall be responsible to provide the Fire or Police Chief with current information relative to the emergency contacts, hazardous operations, and access keys.
A. 
Every alarm user shall submit to the Police or Fire Chief the names and telephone numbers of at least two other persons who can be reached at any time, day or night, and 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.
B. 
If entry upon the property outside the home or building in which the alarm system is located is made in accordance with this section, the police officer so entering upon such property shall not conduct, engage in or undertake any search, seizure, inspection or investigation while he is upon the property, shall not cause any unnecessary damage to the alarm system or to any part of the home or building and shall leave the property immediately after the audible signal has ceased. After an entry upon a property has been made in accordance with this section, the Police Chief shall have the property secured, if necessary. The reasonable costs and expenses of abating the nuisance in accordance with this section may be assessed to the alarm user, said assessment not to exceed $50.
C. 
Within 10 days after abatement of a nuisance in accordance with this section, the alarm user may request a hearing before the Board of Selectmen and may present evidence showing that the signal emitted by his alarm system was not a public nuisance at the time of abatement, that unnecessary damage was caused to his property in the course of the abatement, that the costs of the abatement should not be assessed to him or that the requirements of this section were not fulfilled. The Board shall hear all interested parties and may, at its discretion, reimburse the alarm user for the repairs to his property necessitated by the abatement or excuse the alarm user from paying the costs of abatement.
[Amended 9-9-1996 STM, Art. 3]
A. 
When emergency messages are received by the Police or Fire Department that evidence false alarms, the Police Chief or the Fire Chief shall take such action as may be appropriate under Subsections B, C, D and E of this section, and when so required by the terms of the aforementioned subsections, order that the use of a security alarm system be discontinued or order the immediate repair and upgrade of a fire alarm system in such a manner as to reduce the occurrence of false alarms.
B. 
After the Police or Fire Department has recorded three separate false alarms within the calendar year from an alarm system, the Police Chief or the Fire Chief shall notify the alarm user in writing and by certified mail of such fact and require said user to submit within 15 days after receipt of such notice a report describing efforts to discover and eliminate the cause or causes of the false alarms. If said user, on the basis of absence from town or on any other reasonable basis, requests an extension of time for filing the report, the Police Chief or Fire Chief may extend the fifteen-day period for a reasonable period. If the said user fails to submit such a report within 15 days or within any such extended period, the Police Chief shall order the use of the security alarm system be discontinued, and in the case of a fire alarm system, the Fire Chief shall issue a notice of violation ordering the repair of the system. Any such discontinuance or repair shall be effectuated within 15 days from the date of receipt of the Police or Fire Chief’s order.
C. 
In the event that the Police or Fire Chief determines that a report submitted in accordance with Subsection B of this section is unsatisfactory or that the alarm user has failed to show by the report that he has taken or will take reasonable steps to eliminate or reduce false alarms, then the Police Chief shall order the use of security alarms discontinued, and in the case of fire alarms, the Fire Chief shall order repair. Any such action shall be effectuated within 15 days of the Police or Fire Chief’s order.
D. 
In the event that the Police or Fire Department records five false alarms within the calendar year from an alarm system, the Police Chief may order the use of the burglar alarm system discontinued for the calendar year, but for not less than six months from the date the alarm was disconnected. The Fire Chief may order a fire alarm or emergency medical alarm system repaired or replaced so that it meets the requirements of this chapter. In the event that the Police or Fire Department records eight false alarms within the calendar year from an alarm system, the Police Chief shall order the user of the burglar alarm system to discontinue use of the alarm system for the calendar year, but for not less than six months from the date the alarm was disconnected. If eight false alarms are recorded from a fire or emergency medical alarm, the Fire Chief shall determine the extent of repairs and order the system repaired or replaced within 15 days from the date of the eighth false alarm. At this point the Fire Chief shall pursue action through the building inspector when the system creating the problem is a non-residential fire alarm system.
E. 
Fees.
(1) 
Any user of an alarm system which transmits false alarms shall be assessed a fine more commensurate with the Departments’ costs in accordance with the following schedule for each false alarm in excess of three occurring within the calendar year. These fines may be adjusted by the Fire or Police Chief, who will provide the Board of Selectmen with an annual report of the status of these fines and the outstanding balances which are due.
(a) 
Burglar or security alarms: $50 per alarm.
(b) 
Emergency medical alarms: $50 per alarm.
(c) 
Fire alarms.
[1] 
$100 per alarm (four to six).
[2] 
$200 per alarm (seven to 10).
[3] 
$300 per alarm (11 or more).
(2) 
If a fire alarm system has been repaired but the fee not paid, then the Fire Chief shall pursue noncriminal disposition under MGLA C. 40, § 21D, of these outstanding charges unless they are vacated or modified by an appeal [within 60 days] to the Board of Selectmen.
F. 
Any appeal of a notice of discontinuance, notice of violation or invoice for false alarm charges or penalties under § 2-08-050 must be presented within 60 days of receipt of the abovementioned notice. Thereafter, the Board shall not hear any such appeal. After hearing such evidence, the Board may affirm, vacate or modify the order of discontinuance or the notice of violation.
G. 
After an unsuccessful appeal or the expiration of the appeal period, either small claims court will be utilized for collection or collection will be transferred to a contract agency selected by the Town Administrator.
[Amended 9-9-1996 STM]
A. 
The following acts and omissions shall constitute violations of this chapter punishable by a fine of up to $100:
(1) 
Failure to obey an order of the Police Chief to discontinue the use of a burglar alarm system or failure to repair or discontinue use of a fire alarm system within 30 days as outlined in the Fire Chief’s notice of violation unless the appeal process has been initiated.
(2) 
Failure to pay two or more consecutive fines assessed under this chapter within 60 days from the date of assessment.
(3) 
Failure to comply with the requirements of §§ 2-08-030 of this chapter.
B. 
Each day during which the aforesaid violations continue shall constitute a separate offense.
C. 
Any violation or invoice outstanding past the sixty-day appeal period shall be considered overdue and subject to the process of noncriminal disposition as promulgated under MGLA C. 40, § 21D.