[HISTORY:[1] Adopted by the Annual Town Meeting of the Town of Townsend 5-4-2010 by Art. 20.
Amendments noted where applicable.]
[1]
Editor’s Note: Former Ch. 6, Automatic Sprinklers, adopted
4-29-1991 ATM by Art. 42, was repealed 5-4-2011 ATM by Art 19.
The Town of Townsend By-laws are hereby amended by adding the
following By-law to be entitled "Automatic Fire Alarm Systems."
When used in this by-law, unless a contrary intention clearly
appears, the following words shall have the following meanings:
The transmittal of an alarm signal to the TFED 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 a property interest in a
building or structure in which an automatic fire alarm system is installed.
An electronically activated, heat-activated, smoke-activated,
flame-energy-activated, or other such automatic device capable of
transmitting an alarm signal to the Townsend Fire-EMS Department (TFED)
by way of municipal master fire alarm box for the purpose of providing
a fire alarm signal to the TFED.
The Fire Chief of the TFED.
Control, equipment or device which enables an automatic alarm
system to send a signal directly to the TFED.
[1]
Editor's Note: The original subsection designations within
this section were removed and the defined terms were alphabetized
with the permission of the Town Clerk in order to maintain the organizational
style of the Code.
A.
Every
alarm system owner whose alarm system is connected to the TFED by
means of a master box prior to the effective date of this by-law shall
pay the following fees:
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Annual fee: $100, payable July 1 of every calendar year.
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B.
An
alarm system owner whose alarm system is connected after the effective
date of this by-law to the TFED by way of a master box shall pay the
following fees:
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Connection fee: $100, payable at time of connection.
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Annual fee: $100, payable July 1 of every calendar year.
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NOTE: New connections annual fee will be prorated the first
year based on what month in the calendar year connection is made.
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C.
The
Town of Townsend shall not be subject to the fees and/or fines set
forth in this by-law.
D.
Before
any alarm system is connected to the TFED, the alarm system owner
shall provide the Fire Chief or his/her designee with the following
information:
(1)
The name, addresses, and home and work telephone numbers of the alarm
system owner;
(2)
The street address where the alarm system and master box is 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 or his/her designee may
require.
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If at the passage of this by-law an alarm system has already
been connected to the TFED by way of a master box, the alarm system
owner shall comply with the requirements of this section within 60
days after the TFED has sent notice by first class mail of the requirements
of this section.
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If an alarm system owner fails to comply with this section,
the Fire Chief or his/her designee may assess a fine of $50 for each
day of noncompliance.
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Private alarm systems connected to the TFED by means other than
the master box 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 TFED 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 by-law.
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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 TFED with the updated information within 30 days of such change
and shall pay the fee, if any, required by this by-law.
If the alarm system owner fails to comply with this section,
the Fire Chief or his/her designee may assess a fine of $50. Each
day of noncompliance shall be considered a separate violation.
If there is an alarm system malfunction, as defined herein,
the Fire Chief or his/her designee may assess a fine against the building
owner for each malfunction according to the following schedule.
A.
The
first through the third malfunction: no charge. Upon the recording
of the third malfunction by the TFED, the Fire Chief or his/her designee
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 TFED's
policy with regard to charging for malfunctions.
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The fourth malfunction: $50.
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The fifth and any subsequent malfunction: $100.
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B.
Any malfunction which is the result of the failure of the alarm system owner, building owner, occupant or their authorized agents to notify the TFED of the repair, maintenance or testing of the internal alarm system within the protected premises, shall cause a penalty to the assessed in accordance with Subsection A of this section.
C.
For
the purpose of this by-law, a malfunction shall be defined as follows:
(1)
The action by an alarm system owner or an owner, employee, agent,
or occupant of the protected premises, 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.
Upon the conclusion of any appeals of fines pursuant to Article II, § 1-1 of the Code and MGL c. 40, § 21D, if the TFED is notified that a alarm system owner has failed to pay said fines, the TFED may, within its discretion, send written notice that failure to pay the fines within 30 days of mailing or delivery of the notice shall result in disconnection from the master box.
A.
Mandatory
use of the fire alarm cable for automatic systems. No alarm system
shall be equipped with a tape dialer, similar automatic telephone
system or audible only system which may or may not transmit an alarm
message to any telephone lines of the TFED, if the fire alarm cable
currently runs in the way on which the building has frontage.
B.
Existing
systems. If, upon enactment of the passage of this by-law, an alarm
system in a building fronting on a way in which the fire alarm cable
runs is equipped with such a tape dialer or similar automatic telephone
device, or an audible system, the alarm system owner shall have 60
days from the passage of this by-law to disconnect such tape dialer
or similar automatic telephone device and connect to the fire alarm
cable.
C.
Extension
of the fire alarm cable. In the event the fire alarm cable is extended
so as to run in the way on which a building has frontage and the building
utilizes a tape dialer or similar automatic telephone system, or an
audible only system, the alarm system owner shall be required to connect
to the fire alarm cable within 60 days of notice from the TFED that
the fire alarm cable has been extended. The alarm system owner shall
also terminate use of the tape dialer or similar automatic telephone
system within the 60 days of notice from the TFED of the extension
of the fire alarm cable.
D.
Violations.
If an alarm system owner fails to comply with this section, the Fire
Chief or his/her designee may assess a fine of $50.
Any alarm system owner or building owner who is aggrieved by
an action taken by the Fire Chief under this by-law may, within 10
days from such action, file an appeal, in writing, to the Board of
Selectmen of the Town of Townsend. 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.
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 Fire Chief may promulgate such regulations as may be necessary
to implement this by-law. The Fire Chief is authorized to pursue such
legal action as may be necessary to enforce this by-law.
All annual and connection fees herein shall be payable to the
TFED for deposit in the Fire Alarm Maintenance Account.
The provisions of this by-law shall be deemed to be severable,
and if any of its provisions shall be held unconstitutional by any
court of competent jurisdiction, the decision of such court shall
not affect or impair any of the remaining provisions.
The Town of Townsend 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 by-law shall be
made at no cost to the Town of Townsend.
No liability whatsoever is assumed by the Town of Townsend for
the failure of such fire alarm system or monitoring facilities or
for 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 Townsend,
its departments, officers, agents and employees for liability in connection
with the owner's fire alarm system.
