[HISTORY: Adopted by the City Council of
the City of Lowell 4-25-1989 (§ 16-9 of the 1988 Code); amended in its entirety 5-2-2006. Subsequent
amendments noted where applicable.]
A.
It is the purpose of this chapter to govern alarm
systems intended to summon public safety personnel.
B.
It is the purpose of this chapter to reduce and/or
eliminate false alarms within the City by establishing a framework
of regulations and fees which encourage owners and alarm businesses
to properly register, use, and maintain the operational effectiveness
of their alarm system(s).
C.
This chapter provides a fee and penalty assessment
schedule, procedures for repeat offenses, the severability of parts
hereof if declared invalid, and an effective date.
The following terms and associated definitions
are used throughout this chapter:
The monitoring facility within the City where alarm signals
are received, recorded, validated, and acted upon as appropriate.
Code adopted by the City Council and in the absence of adopted
code the National Fire Protection Association National Fire Alarm
Code 72 (NFPA 72), the National Fire Protection Association Life Safety
Code (NFPA 101), MGL c. 148 (Fire Prevention), as well as all
other City and state regulations.
A document issued by the enforcement official indicating
that the alarm system activation was deemed to be the result of a
fire alarm, police alarm, or a false alarm. This may include the record
of completion form in the National Fire Protection Association's National
Fire Alarm Code (NFPA 72) or other forms as applicable.
Any licensed individual, partnership, corporation or other
entity that is appropriately licensed in the City and installs, causes
to be installed, permits to be installed, alters, maintains, repairs,
replaces or services (including runner services) any alarm system.
A device that is designed to respond either manually or automatically
to initiate an alarm system.
Any person that has installed, owns, alters, maintains, repairs,
replaces, services or otherwise uses any alarm system.
Any form of communication and/or notification via manual
or automated alarm initiating devices, including audio or visual means,
to the 9-1-1 Dispatch Center.
Includes fire alarms and police alarms as appropriate. Motor
vehicle alarms are not included in this chapter.
A residential or commercial permit issued for maintaining
or operating an alarm system within the City.
Any telephone service or central alarm company that handles
messages and provides the service of receiving alarm signals from
an alarm system and thereafter immediately relays the message by live
and/or recorded voice to the 9-1-1 Emergency Dispatch Center.
The act of referring a decision by the appropriate enforcement
official to a higher authority within the City for review and final
disposition.
A fee filed for appealing a ruling related to actions associated
with this chapter.
A board appointed as described in this chapter responsible
for hearing and ruling on final appeals related to actions associated
with this chapter.
Any facility which is privately/publicly owned, that owns
or leases an alarm system, whose facility is staffed by employees
who receive, record, or validate alarm signals and relay the information
of such signals to the 9-1-1 Emergency Dispatch Center.
The City of Lowell, Massachusetts.
An alarm system permit issued to a commercial business, corporation,
or unincorporated association.
The Commonwealth of Massachusetts.
A dwelling designed for or occupied by one family within
a multi-unit development, or a commercial unit within a multi-unit
commercial development, where the owner has both separate ownership
of a unit and a common interest, along with the development's other
owners, in the common areas.
An alarm system which automatically selects a telephone line
connected to the 9-1-1 Emergency Dispatch Center and reproduces a
prerecorded message indicating the existence of an alarm signal.
The City's municipal alarm system.
Any room or suite of rooms forming a habitable unit for one
family, with its own cooking and food storage equipment and its own
bathing and toilet facilities and its own living, sleeping and eating
areas wholly within such room or suite of rooms.
The Fire Chief or his designee for fire alarms and the Police
Superintendent or his designee for police alarms.
The activation of any alarm system which results in a response
by public safety personnel and which is caused by the negligence,
intentional misuse, lack of maintenance or repair, or improper installation
of an alarm system by the owner, its employees, or agents, or by mechanical
failure, malfunction, malicious or intentional activation, or any
other response for which the appropriate enforcement official is unable
to determine the apparent cause of the alarm signal activation, or
which constitutes a public nuisance, or any other activation of a
fire alarm system not caused by heat, smoke or fire, or any other
activation of a police alarm system not caused by hazard, robbery,
or attempted robbery. Excluded from this definition are activations
of alarm systems caused by power outages, hurricanes, tornadoes, earthquakes,
serious water leaks through the roof, or a person that has no other
means of eliciting an emergency response by public safety personnel
for valid emergency reasons.
The assessment of a monetary charge payable to the City pursuant
this chapter as outlined in Appendix A, Service and Penalty Fees.[1]
An alarm signal intended to initiate a response by the Fire
Department to heat, smoke, fire, or activation of a fire suppression
system or supervisory signal. In this chapter, the term "fire alarm"
shall include "dial alarm," "direct alarm," "local alarm" and "central
alarm" as those terms are herein defined.
An assembly of equipment and devices, or a single device,
personnel, or combination thereof, meant to monitor, announce and/or
exterior annunciate the status of temperature, heat, smoke sensing
systems or supervisory signal and to initiate the appropriate response
to those systems to which public safety personnel are expected to
respond.
The City of Lowell Fire Department's Chief, or his designated
representative.
The City of Lowell Fire Department, or any authorized agent
thereof, including but not limited to fire officers, firefighters,
fire inspectors, or out-of-town mutual aid fire officers or firefighters,
when in the performance of their duties within the City as defined
in various mutual aid agreements.
Uniformed members of the Lowell Fire Department assigned
to the premises for the purposes of watching over the property and
protecting the occupants, structures, or neighboring structures from
fire or similar emergencies. A fire watch may involve at least some
special action beyond normal staffing. The owner shall incur all costs
for said fire watch.
The City's building permit, zoning, and code enforcement
department.
The City has entered into record the nonpayment of fees which
are due from an owner regarding specific premises, to be acted on
accordingly.
Any alarm system which may not be connected to the 9-1-1
Emergency Dispatch Center, or to a central alarm company or answering
service, which when activated causes an alarm signal at the premises
within which the alarm system is installed.
The process by which an alarm business receives signals from
an alarm system and notifies the City's 9-1-1 Emergency Dispatch Center.
A building containing three or more dwelling units and wherein
units may be located on more than one floor.
The City's alarm pull-box system which is directly connected
to the City's 9-1-1 Emergency Dispatch Center.
The permit from the City's Inspectional Services Department
deeming that a structure has met the minimum requirements for its
intended use.
Any person who owns the premises in which an alarm system
is installed and/or the person or persons who lease, operate, occupy
or manage the premises.
Fees associated with noncompliance with this chapter, per
Appendix A, Service and Penalty Fees.[2]
Written permission duly granted to an applicant by the City
upon payment of the required fees per the ordinance establishing the
permit, MGL c. 148 or 527 CMR, or other fee schedules.
The application for a permit by an owner with the appropriate
enforcement official for an alarm system which has been installed
and is in use. The application requires current contact information
and additional data as appropriate.
A period of time during which a permit is considered valid.
For the purposes of this chapter, the permit year for an alarm system
permit begins on January 1 and ends on December 31 of each calendar
year.
Any natural person, partnership, corporation, unincorporated
association, or other legal entity.
An alarm signal intended to initiate a response by the Police
Department. In this chapter, the term "police alarm" shall include
"dial alarm," "direct alarm," "local alarm" and "central alarm" as
those terms are herein defined.
An assembly of equipment and devices, or a single device,
personnel, or combination thereof, meant to monitor, announce and/or
exterior annunciate the status of a hazard, intrusion, robbery, attempted
robbery, or supervisory signal, and to initiate the appropriate response
to those systems to which public safety personnel are expected to
respond.
The City of Lowell Police Department or any authorized agent
thereof, including but not limited to police officers, detectives,
or investigators.
Police Department personnel assigned to the premises for
the purposes of watching over the property and protecting the public
safety. A police detail may involve at least some special action beyond
normal staffing.
Any building, structure or combination of buildings and structures
which serve as dwelling units, multifamily or any other area within
a building, structure or combination thereof which is used for any
purpose.
Any event which disturbs the peace, comfort or repose of
a community, a neighborhood, or inhabitants of the area.
City staff, including but not limited to members of the Fire
Department, Police Department, or other City safety-related personnel,
or any combination thereof.
Any person who inspects, installs, repairs or performs maintenance
on alarm systems or alarm initiating devices. This person shall be:
A fee associated with the reconnection of an alarm system.
Appropriate documentation in a format acceptable to the appropriate
enforcement official that verifies proper repairs or maintenance has
been performed by the alarm business and/or the owner in order to
avoid false alarms.
An alarm system permit issued to a private dwelling such
as a single-family, two-family, and multifamily residence.
The service provided by personnel or electronic transmission
means at the protected premises, including resetting and silencing
of all equipment transmitting alarm or supervisory signal to an off-premises
location.
Hand delivery of written notification by a representative
of the City to the owner or authorized representative who responded
to the premises. In the event that the owner or authorized representative
fails to respond to the premises within 30 minutes of notification
attempt by the appropriate enforcement official, "serve" shall mean
placing the form or other matter in the United States Postal Service
mail, postage prepaid, addressed to the owner or authorized representative,
and/or posting in a conspicuous location on the premises.
A detached dwelling, other than a mobile home, designed for
or occupied by one family.
The City of Lowell Police Department's Superintendent of
Police or his designated representative.
Any signal designed to initiate an alarm system to prevent
tampering with an alarm initiating device, or a signal that indicates
a situation that is out of the ordinary and may interfere with the
normal operation of the system.
A freestanding building designed or intended exclusively
for residential use, containing two dwelling units, each family occupying
a single dwelling unit, typically situated one above the other but
may also be two attached dwelling units.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
[2]
Editor's Note: Appendix A is included at the end of this chapter.
A.
Within 90 days from the effective date of this chapter,
every alarm owner shall submit a permit registration as specified
below for an alarm system permit which shall be required to maintain
and/or operate an alarm system within the City. Additionally, all
owners are required to comply with the provisions of 527 CMR, if applicable.
B.
A residential alarm system permit shall include all
private dwellings, such as condominiums and single-family, two-family
and multifamily residences, occupied primarily by the owner, for which
the owner will submit an alarm permit registration and associated
fee. A commercial alarm system permit shall include all businesses,
corporations, or unincorporated associations for which the owner will
submit an alarm permit registration and associated fee. Residences
or businesses which have only local alarms are not required to obtain
a permit under this chapter but are still subject to the fines, penalties,
and appeal fees described in Appendix A.
C.
All fees and penalties are outlined in Appendix A,
Service and Penalty Fees.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
D.
The appropriate enforcement official is hereby authorized
to issue an alarm system permit to any alarm owner of premises within
the City, or the lessee thereof, to maintain, install, and modify
an alarm system upon permit registration for an alarm system permit
which conforms to this chapter, subject to the following provisions:
(1)
Every alarm business shall notify the appropriate
enforcement official of the existence of an alarm system prior to
the alarm system being put into operation. It shall be the responsibility
of the installing alarm business to provide the owner with:
(2)
The appropriate residential or commercial permit registration
and fee for an alarm system permit shall be required for all alarm
systems within the City, in accordance with adopted codes for each
premises.
(a)
The owner shall complete and deliver the permit registration
(and any updates) in the required format along with the required fee
to the appropriate enforcement official before the alarm system is
activated or placed into service. The alarm business, when authorized
by the owner, may assist the owner in accomplishing this submission
of the permit registration to the appropriate enforcement official.
(b)
All federal, state, county, or local government agencies
which operate an alarm system shall be exempt from all permit fees
but shall be required to comply with all other requirements of this
chapter, and with all requests of the appropriate enforcement official,
as shall concern the installation, operation, and maintenance of their
alarm system; a permit registration is required regardless.
(c)
All persons 65 years of age or older who are the principal
occupant of the premises listed on the alarm system permit shall be
exempt from all permit fees for residential permits but shall have
to comply with all other requirements of this chapter; a permit registration
is required regardless.
(3)
The permit registration for the alarm system permit
shall include the minimum following information:
(b)
Notification information for a minimum of two persons
for a single-family residence and three persons for all other property
who can be notified by the appropriate enforcement official, in the
event of the activation of the alarm system, who shall be capable
of responding to the premises within 30 minutes and who are authorized
to enter the premises to ascertain the status thereof. This information
should include:
(c)
Information on any alarm business which has contracted
to service the alarm system at this premises and proof of proper commonwealth
licensing/registration with the appropriate enforcement official,
if required. This information should include:
(d)
Signature of the owner, lessee, operator, manager,
or person in possession of the premises where the alarm system is
installed.
(e)
The date the alarm system permit registration is signed.
(f)
The date the alarm system is placed in operation for
any reason.
(g)
Any other documentation that is required by adopted
codes.
(4)
Keys/codes to alarm panels and activation devices,
as necessary, must be provided to the appropriate enforcement official
at the time the permit registration is submitted.
(5)
It shall be the responsibility of the alarm system
owner to keep all permit information current and up-to-date.
(6)
Registrations shall not be transferable from one premises
to another or from one owner to another.
(7)
All alarm owners to whom a permit has been issued
shall keep the permit within the protected premises for which the
permit was issued.
(8)
Any alarm system permit issued under this chapter
must be made available for inspection, suspension, or revocation purposes
upon the demand of the appropriate enforcement official.
(9)
All alarm system permits expire at the end of the
permit year, at which time the alarm owner of the premises within
the City must submit a new or updated permit registration and fee
in accordance with adopted codes for each premises, in order to renew
the alarm system permit for the new permit year.
(10)
An alarm system owner or alarm business whose permit
has been revoked is not precluded under this chapter from applying
for a new permit.
(a)
The enforcement official is not required to
issue a new permit unless he is satisfied that the alarm system has
been properly serviced and any deficiencies have been corrected.
(b)
The enforcement official may impose reasonable
restrictions and conditions upon the owner before issuing a new permit;
these restrictions and/or conditions shall appear on the permit and
shall provide for automatic revocation on the occurrence of two false
alarms in the remaining permit year.
(11)
Failure to comply with any of the provisions of this
chapter may constitute grounds for the appropriate enforcement official
to deny the issuance of an alarm system permit or for the suspension/revocation
of an existing permit.
A.
The owner shall ensure that:
(1)
All alarm systems are inspected and tested at least
once per year in accordance with manufacturer specifications, Massachusetts
General Laws, and adopted codes;
(2)
Pursuant to Massachusetts General Laws and other adopted
codes, the appropriate enforcement official(s) is notified prior to
the testing, demonstration, or maintenance of a dial alarm, direct
alarm, central alarm system, or any other alarm that may transmit
emergency messages directly or through relay to the 9-1-1 Emergency
Dispatch Center; and
(3)
The appropriate enforcement official(s) is notified
prior to the installation, repair or expansion of a dial alarm, direct
alarm, central alarm system, or any other alarm that may transmit
emergency messages directly or through relay to the 9-1-1 Emergency
Dispatch Center.
B.
The unauthorized testing of any alarm initiating device
that causes the dispatch of public safety personnel may be considered
to constitute a false alarm.
C.
Additionally, all owners are required to comply with
the provisions of 527 CMR, if applicable.
A.
The owner shall be responsible for the activation
of an alarm system.
B.
All alarm systems, as defined in this chapter, which
make or sound an audible signal which may be heard outside of the
protected premises shall be equipped with a device which shall limit
the duration of such audible signal to not more than 20 minutes. The
alarm systems shall be equipped to sound an alarm again if a different
activation device gives an indication of an alarm.
C.
A response to the activation of an alarm system shall
result when public safety personnel are dispatched to the premises
where the alarm system has been activated.
(1)
At the time of response, if the need arises, the appropriate enforcement official shall attempt to notify any person identified in the permit registration required pursuant to § 96-3D(3)(a) to (c) of the activation of the alarm system and shall require such person to respond to the premises.
(2)
In the event that the alarm system is a monitored
system, it is the responsibility of the alarm business monitoring
the alarm system to notify any person identified in the registration
at the request of the appropriate enforcement official. It is the
responsibility of the alarm business to forward cancellation of an
alarm signal to the 9-1-1 Emergency Dispatch Center for any alarm
system which is a monitored system.
A.
False alarms may include the activation of any alarm
system which results in a response by public safety personnel and
which is caused by the negligence, intentional misuse, lack of maintenance
or repair, or improper installation of an alarm system by the owner,
its employees, or agents, or by mechanical failure, malfunction, malicious
or intentional activation, or any other response for which the appropriate
enforcement official is unable to determine the apparent cause of
the alarm signal activation, or which constitutes a public nuisance,
or any other activation of a fire alarm system not caused by heat,
smoke or fire, or any other activation of a police alarm system not
caused by hazard, robbery, or attempted robbery. Excluded from this
definition are activations of alarm systems caused by power outages,
hurricanes, tornadoes, earthquakes, or a person that has no other
means of eliciting an emergency response by public safety personnel
for valid emergency reasons.
B.
Any alarm system emitting a continuous and/or uninterrupted
audible alarm signal for more than 20 minutes between 7:00 p.m. and
7:00 a.m., which cannot be shut off, reset, or otherwise curtailed,
and which disturbs the peace, comfort, or repose of a community, a
neighborhood, or the inhabitants of the area where the alarm system
is located, shall constitute a public nuisance and, therefore, may
be considered a false alarm.
C.
Upon notification attempts by the appropriate enforcement official following an alarm as described above in Subsections A and B, if the alarm system owner or person identified in the permit registration pursuant to § 96-3D(3)(a) to (c) fails to appear at the premises within 30 minutes, the alarm may be deemed and counted as a false alarm.
(1)
In the event of a false alarm, the owner will be served
with an alarm activation report.
(2)
False alarms are subject to fees.
(3)
Following two or more false alarms from the same alarm
system within a twenty-four-hour period, public safety personnel may
not respond to any further alarm signals from that premises until:
D.
Following three false alarm activation reports within
a permit year from the same alarm system, the appropriate enforcement
official shall require the owner to return a completed report of service/repair
within 15 days of receipt of the third alarm activation report.
(1)
The returned report of service/repair must indicate,
to the reasonable satisfaction of the appropriate enforcement official,
that:
(2)
Failure to return a report of service/repair within
said fifteen-day period shall result in an assessment against the
owner of a penalty for late report of a service/repair. If the owner,
on the basis of absence from the City, or on any other reasonable
basis, requests an extension of time for filing the report of service/repair,
the appropriate enforcement official may extend the fifteen-day period
for a reasonable time.
E.
In the event that the owner or person identified in the permit registration pursuant to § 96-3D(3)(a) to (c) cannot or will not curtail an alarm signal being emitted by the alarm, and if the appropriate enforcement official is otherwise unable to abate the public nuisance, public safety personnel or an alarm technician may be directed to enter upon the premises in which the alarm system is located and take any reasonable action necessary to abate the false alarm at the expense of the owner.
(1)
If entry to the premises is determined to be necessary,
the person doing so:
(a)
Shall be considered lawfully present but may not conduct
any search, seizure, inspection, or investigation while on the premises;
(b)
Shall not cause any unnecessary damage to the alarm
system or to any part of the premises; and
(c)
Shall leave the premises immediately after the alarm
signal has ceased.
(2)
Following necessary entry to a premises according
to this chapter, the appropriate enforcement official shall have the
premises secured as necessary.
(3)
The reasonable costs and expenses of abating a false
alarm in accordance with this chapter may be assessed to the alarm
owner or alarm business.
A.
The provisions of this section shall not apply to
any newly installed alarm system for a period of 45 days from the
date of installation but shall apply from and after the expiration
of the initial forty-five-day period following installation.
B.
All fees and penalties are outlined in Appendix A,
Service and Penalty Fees.[1]
(1)
All fees are to be paid by cash or check to the City
of Lowell for deposit into the City's general fund.
(2)
Should any fee assessed pursuant to this chapter remain
unpaid in excess of 30 days from the date fees are billed, a late
payment penalty will be assessed for each 30 days (or portion thereof)
during which fees remain unpaid, in addition to any original fees
or penalties assessed.
(3)
Nonpayment of fees pursuant to this chapter may result
in the placement of a lien against the affected premises pursuant
to the procedure outlined for the City in Chapter 390 of the Acts
of 2002, An Act Authorizing the City of Lowell to Place Municipal
Charge Liens on Certain Properties in the City of Lowell for Nonpayment
of any Local Charges, Fee, or Fine.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
C.
Alarm permit registration/renewal fees.
(1)
A nonrefundable, nonprorateable alarm permit registration/renewal fee shall be assessed at the time of each initial permit registration, in accordance with § 96-3D(2).
(2)
All alarm permits expire at the end of the permit year, at which time they must be renewed, in accordance with § 96-3D(9). Registration for the renewal of an alarm system permit shall be made every year within 30 days immediately preceding January 1.
(3)
There shall be no fee for permit registration updates during the permit year in accordance with § 96-3D(5)(b).
D.
False alarm fees.
(1)
No fee shall be assessed for the first two false alarms
at the same premises responded to by public safety personnel during
each permit year. Thereafter, the owner shall be assessed for false
alarms responded to by public safety personnel at the same premises
during each permit year, except when the alarm business is deemed
responsible for the false alarm by the appropriate enforcement official.
(a)
The alarm business shall be assessed a penalty for
alarms caused by on-site alarm company employees if the appropriate
enforcement official determines that a false alarm was directly caused
by an on-site employee or representative of the alarm business. In
this event, no false alarm shall be counted against the owner.
(b)
Notwithstanding Subsection D(1)(a) above, no false alarm shall be assessed to either an owner or alarm business for alarm signals transmitted during the inspection, maintenance, repair, or expansion of an alarm system so long as the appropriate enforcement official has been notified as required in § 96-4A above.
(2)
False alarms activated by any components connected to the alarm system shall be included in computing the total number of false alarms for purposes of this Subsection D.
(3)
Activation of an alarm system will not be considered
a false alarm if the appropriate enforcement official determines that
the alarm system's activation is due to malicious or extenuating circumstances
beyond the control of the owner.
(4)
The following fees shall be assessed for false alarms:
see Appendix A, Service and Penalty Fees.[2]
[2]
Editor's Note: Appendix A is included at the end of this chapter.
(5)
In the event that the premises are equipped with an
alarm system with over 100 alarm initiating devices, the appropriate
enforcement official may waive three false alarms per permit year.
E.
Penalty for failure to return a report of service/repair
will be assessed for the failure to return a report of service/repair
within the given fifteen-day period, in the absence of any extension
by the appropriate enforcement official.
G.
A penalty for failing to comply with an enforcement
official's alarm system orders will be assessed when the appropriate
enforcement official's orders are not followed.
H.
A reconnection fee shall be assessed for each instance
in which the owner's alarm system permit is revoked prior to being
allowed to register for a new permit. The reconnection fee will be
accepted in lieu of additional permit registration fees during that
permit year.
A.
Enforcement generally.
(1)
It shall be unlawful for any person or alarm business
to maintain or operate an alarm system, as defined by the terms of
this chapter, without first obtaining an alarm system permit. It shall
be unlawful for any person or alarm business to fail to comply with
an enforcement official's alarm system orders.
(2)
Any person or alarm business who or which maintains
or operates an alarm system without an alarm system permit or fails
to comply with an enforcement official's alarm system orders shall
be guilty of a violation of this chapter, enforcement of which shall
be by arrest or by criminal complaint or by noncriminal disposition
as hereinafter provided.
(3)
Criminal disposition. Upon arrest and/or criminal
complaint, a person who commits a violation of this chapter shall
be, if so found by the court, guilty of a separate offense for each
day during which the violation is committed, continued, or permitted.
Each offense, upon conviction, is punishable by a fine as described
in Appendix A.
(4)
Noncriminal disposition. Any person who commits a violation of this chapter may be penalized by a noncriminal disposition as provided for under § 1-6 of this Code and MGL c. 40, § 21D, as amended. This chapter shall be enforced by the appropriate enforcement official, who shall issue a notice to appear in court. The penalty for each violation shall be as described in Appendix A for each day during which the violation is committed, continued, or permitted.
B.
Enforcement officials.
(1)
As a result of repetitive false alarms, and in accordance
with adopted codes, the appropriate enforcement official has the authority
to do any of the following, and issue orders with respect thereto,
until corrective action is taken:
(2)
The owner shall be responsible for any and all costs
associated with actions taken under this section.
C.
The appropriate enforcement official may exercise the authority granted in Subsection B by written notice to the owner of the premises for any of the following reasons:
(1)
Failure to meet all requirements or pay the fees provided
for in this chapter within 30 days after the notice is mailed to the
owner;
(2)
Failure of the owner to provide a timely written report
of service/repair as required by this chapter;
(3)
A fifth false alarm at a premises pursuant to this
chapter as a result of the failure of the owner to take corrective
action to eliminate the cause of the false alarm; or
(4)
The failure of a person notified pursuant to § 96-3D(3)(a) to (c) of this chapter to appear within 30 minutes after being notified to respond, without reasonable justification, if such failure of timely response occurs two or more times within a permit year.
D.
Fire watch or police detail.
(1)
The owner of a premises is responsible for paying
all costs associated with establishing a fire watch or police detail.
(2)
The enforcement official has the authority to temporarily
suspend or revoke the occupancy certificate if the fire watch or police
detail is not maintained to the satisfaction of the enforcement official.
(3)
A fire watch or police detail may be required until
such a time that the appropriate enforcement official is satisfied
with the functionality of the alarm system, and public safety threat
presented by the situation, and a valid alarm system permit has been
issued.
E.
A written notice to revoke an alarm system permit
shall be served to the owner or alarm business. In order to obtain
a valid alarm system permit, the owner shall be required to:
F.
A written notice to disconnect or deactivate an alarm
system shall be served to the owner or alarm business and shall specify
the date on which the owner shall be required to disconnect or deactivate
the alarm system. This date shall be at least 10 days after the notice
is mailed to the owner. Notice to disconnect or deactivate an alarm
system shall revoke the alarm system permit for that alarm system.
In addition:
(1)
Each building affected because the signal from the
alarm system has been disconnected and/or deactivated may be required
to establish a fire watch or police detail until the alarm system
has been returned to service with a valid alarm system permit.
(2)
An alarm system may be reactivated upon a finding
by the appropriate enforcement official that the owner of the premises
has taken corrective action to remedy the cause of the false alarms
at the premises.
(3)
In making a request for such reactivation, the owner
shall have the burden of showing what corrective action has been taken.
(4)
The appropriate enforcement official shall have the
right to inspect the alarm system and test it prior to approving a
permit registration to reconnect or reactivate the alarm system.
(5)
A reconnect fee shall be assessed to the owner before
any reconnection of an alarm system may be made.
(6)
The appropriate enforcement official shall not approve
a new order to reconnect or reactivate if the owner has failed to
pay any fee pursuant to this chapter.
G.
A written notice to revoke or temporarily suspend
the occupancy certificate for a premises will be served to the owner
on record for the premises.
(1)
A premises for which its occupancy certificate is
revoked or temporarily suspended must be immediately vacated of its
intended use until all outstanding repairs on the alarm system are
completed, all fees are paid, and the City's Inspectional Services
Department has issued a valid occupancy certificate.
(2)
A premises with a revoked or temporarily suspended
occupancy certificate may be required to establish a fire watch or
police detail until a valid occupancy certificate is obtained.
H.
The appropriate enforcement official shall have the
authority to direct the owner of the premises to silence an activated
alarm system, have corrective action taken and thereafter reset it.
I.
Anyone convicted of falsifying reports as required
under this chapter is subject to maximum penalties as established
by Massachusetts General Law or local law.
J.
All provisions of the City Code, as amended, which
are consistent with this chapter shall continue in effect, but all
provisions of said Code inconsistent herewith are repealed to the
extent of such conflict.
K.
This chapter shall take effect upon its passage in
accordance with the provisions of MGL c. 43 and c. 44.
A.
An owner or alarm business who or which has received a written notice to revoke its alarm system permit pursuant to § 96-8B(1)(c), or to disconnect or deactivate an alarm system pursuant to § 96-8F, or would like to appeal false alarm service fees shall be entitled to submit an initial appeal to the Fire Chief or Police Superintendent, as appropriate, as follows:
(1)
The owner or alarm business shall file a written appeal
within five days after the notice is mailed clearly stating the reasons
why the enforcement official's orders should be withdrawn.
(2)
A Chief's appeal fee must accompany the appeal.
(4)
During the appeal, the Fire Chief or Police Superintendent may decide to establish a fire watch or police detail at the premises, pursuant to § 96-8D, in order to ensure the public safety.
(5)
The Fire Chief or Police Superintendent shall review
the facts and circumstances and shall determine whether the owner
or alarm business has shown good cause why the enforcement official's
order should be withdrawn.
(a)
The Fire Chief or Police Superintendent may request
a hearing where the owner or alarm business shall have the right to
present evidence, cross-examine witnesses, and to be represented by
counsel.
(b)
Such a hearing shall be informal and shall not be
subject to the rules of evidence or formal courtroom procedure.
(6)
If the Fire Chief or Police Superintendent affirms the appropriate enforcement official's orders, the owner or alarm business shall have 10 days after the written decision is mailed to the owner to comply with the order and shall also be responsible for any legal fees or costs incurred by the City in enforcement of this chapter. A final appeal to the Board of Alarm Commissioners pursuant to Subsection D is available.
(7)
If the Fire Chief or Police Superintendent overturns
the appropriate enforcement official's orders, the appeal fee will
be returned to the owner or alarm business.
B.
An owner or alarm business whose premises required authorized entry pursuant to § 96-6E shall be entitled to submit an initial appeal to the Fire Chief or Police Superintendent, as appropriate, as follows:
(1)
The owner or alarm business shall file a written appeal
within five days after the entry clearly stating:
(2)
A Chief's appeal fee must accompany the appeal.
(3)
During the appeal, the Fire Chief or Police Superintendent may decide to establish a fire watch or police detail at the premises, pursuant to § 96-8D, in order to ensure the public safety.
(4)
The Fire Chief or Police Superintendent shall review
the facts and circumstances and shall determine whether the owner
or alarm business has shown good cause why the enforcement official's
order should be withdrawn.
(a)
The Fire Chief or Police Superintendent may request
a hearing where the owner or alarm business shall have the right to
present evidence, cross-examine witnesses, and to be represented by
counsel.
(b)
Such a hearing shall be informal and shall not be
subject to the rules of evidence or formal courtroom procedure.
(5)
If the Fire Chief or Police Superintendent overturns
the appropriate enforcement official's orders:
(6)
If the Fire Chief or Police Superintendent affirms the appropriate enforcement official's orders, the owner or alarm business shall have 10 days after the written decision is mailed to the owner or alarm business to comply with the order and shall also be responsible for any legal fees or costs incurred by the City in enforcement of this chapter. A final appeal to the Board of Alarm Commissioners pursuant to Subsection D is available.
C.
A Board of Alarm Commissioners totaling three individuals
shall be appointed in the following manner:
(1)
The Commissioners shall be appointed by the City Manager.
One Commissioner shall be a present or former member of the Lowell
Fire Department in good standing. Recommendations for this appointment
shall be sought from the Fire Chief. One Commissioner shall be a present
or former member of the Lowell Police Department in good standing.
Recommendations for this appointment shall be sought from the Police
Superintendent.
(2)
In the initial appointment, one Commissioner shall
be appointed for one year, one for two years, and one for three years,
and all subsequent appointments shall be for three years so that the
terms of the Commissioners are staggered so that one Commissioner's
position shall be appointed every year.
(3)
The Board's responsibilities shall include hearing
final appeals from the findings of the initial appeal relative to
actions, penalties, denials, suspensions and/or revocations of permits
relative to this chapter.
(4)
The Board shall have the power, upon review and for
just cause, to set aside an initial appeal finding made relative to
this chapter.
(5)
The Board's ruling on all final appeals shall be final
and binding on all parties concerned.
D.
An owner or alarm business whose alarm system permit has been revoked pursuant to § 96-8B(1)(c), or whose alarm system has been deactivated or disconnected pursuant to § 96-8F, or whose premises required authorized entry pursuant to § 96-6F, and who has already submitted an initial appeal to the Fire Chief or Police Superintendent pursuant to Subsections A and B of this section shall be entitled to a final appeal to the Board of Alarm Commissioners as follows:
(1)
The owner or alarm business shall file a written final
appeal within five days of the decision made during the Fire Chief
or Police Superintendent initial appeal regarding the order of revocation,
deactivation, disconnection, or authorized entry, clearly stating
the reasons why the Fire Chief's or Police Superintendent's initial
appeal orders should be withdrawn.
(2)
A Board of Alarm Commissioners appeal fee (see Appendix
A, Service and Penalty Fees) must accompany the appeal.
(3)
During the appeal, the Fire Chief or Police Superintendent may decide to establish a fire watch or police detail at the premises, pursuant to § 96-8D, in order to ensure the public safety.
(4)
The Board of Alarm Commissioners shall consider the
merits of the final appeal, review the facts and circumstances and
determine whether the owner or alarm business has shown good cause
why the Fire Chief's or Police Superintendent's order should be withdrawn.
(a)
The Board of Alarm Commissioners may request a hearing
where the owner or alarm business shall have the right to present
evidence, cross-examine witnesses, and to be represented by counsel.
(b)
Such a hearing shall be informal and shall not be
subject to the rules of evidence or formal courtroom procedure.
(c)
Any decision of the Board of Alarm Commissioners shall
be by majority vote.
(5)
The Board of Alarm Commissioners shall decide whether
to affirm, vacate, or modify the appropriate enforcement official's
orders. The owner or alarm business shall also be responsible for
any legal fees or costs incurred by the City in enforcement of this
chapter.
(6)
If the Board of Alarm Commissioners overturns the
appropriate enforcement official's orders, the Board of Alarm Commissioners
appeal fee will be returned to the owner or alarm business.
Any information supplied to an enforcement official
shall be held in confidence by all employees or representatives of
the enforcement official, the Fire Department, the Police Department,
the 9-1-1 Emergency Dispatch Center, and by any third party administrator
or employees of a third party administrator with access to such information.
Registration of an alarm system is not intended
to, nor will it, create a contract, duty or obligation, either expressed
or implied, of response. Any and all liability and consequential damage
resulting from the failure to respond to a notification is hereby
disclaimed and governmental indemnification as provided by law is
retained. When registering an alarm system, the owner acknowledges
that public safety personnel's response may be based on factors such
as availability of units, priority of calls, weather conditions, traffic
conditions, emergency conditions, staffing/resource levels, and various
other extenuating factors. The City of Lowell, its officers, employees
and agents shall not assume any duty or responsibility for the installation,
maintenance, operation, repair or effectiveness of any alarm system,
whether in service or out of service, those duties or responsibilities
being solely those of the owner of the premises.
The provisions of this chapter are severable.
If a court determines a word, phrase, clause, sentence, paragraph,
subsection, section, or other provision invalid or that the application
of any part of the provision to any person or circumstance is invalid,
the remaining provision and the application of those provisions to
other persons or circumstances are not affected by that decision.
