Fire Department Bylaws

Bylaws
 
A. This bylaw shall apply to the installation, operation and maintenance of fire and medical aid alarm systems. Fire, carbon monoxide and medical aid alarm systems shall include systems connected to the North Andover Fire Department by municipal fire alarm circuit, direct wire, wireless, or on a telephone dial-up basis and systems which use exterior audible signals at the alarm location as a function of the connected system.
 
B. By definition, "alarm systems" are those installed for the purpose of notification to the proper response authority of an emergency situation at a property where the component devices of the system are installed.
 
A. As of the effective date of this bylaw, no alarm system or equipment designed to summon the Fire Department shall be installed without a permit signed by the Fire Chief or his designee. The issuance of permits and the imposition of fees shall be in compliance with MGL c. 148, § 10A. Changes in the permit or inspection fees may be made with 60 days' notice to the general public and with the approval of the Board of Selectmen.
 
B. Any current or future alarm user may contract with an alarm company of its choice for the purchase, lease, installation and servicing of an alarm system on its premises.
 
C. Actual connection to the Fire Department's alarm receiving system will be made only by an installer approved by the Fire Chief for this service through the issuance of a permit as per MGL c. 148, § 10A.
 
D. As of July 1, 2007, connection to the Fire Department's alarm receiving system will be performed only through approved radio master fire alarm boxes.
 
E. As of July 1, 2007, all buildings and structures connected to the Fire Department's alarm receiving system will be advised that, as of July 1, 2012, master fire alarm boxes connected through the hard-wired municipal circuit system must be replaced with a radio master box compatible with the Fire Department's alarm receiving equipment. The master boxes on the buildings remain the property of the property owner but must be removed from their location to avoid perceptions that they are connected to the Fire Department. These wireless devices shall be installed and maintained in accordance with the appropriate sections of the then-current editions of the following NFPA standards: NFPA 72, National Fire Alarm Code; NFPA 1221, Standard for the Installation, Maintenance and Use of Emergency Services Communication Systems; NFPA 70, National Electrical Code; and all reference documents contained within these codes and the related rules and regulations of the North Andover Fire Department.
 
F. The alarm system owner or user, or the alarm company contracting for the servicing of the alarm user's system, shall be responsible for the care and maintenance of the wireless master fire alarm box transmitting device.
 
G. The Fire Department will make every effort to ensure the proper operation of the alarm receiving equipment, but accepts no liability for conditions which prevent proper reception of signals from the user's premises. The mounting locations for radio boxes shall require pre-approval of the North Andover Fire Department.
 
Whenever an alarm system or equipment is to be disconnected, removed or altered, the owner or user thereof shall notify the Fire Department. This notice shall be in accordance with MGL c. 148, §§ 10A, 27A, and 28.
 
A. All alarm systems installed after the effective date of this bylaw which use an exterior audible alarm device(s) shall be equipped with a timing unit which silences the exterior audible device no less than five minutes and no more than 10 minutes after the activation of the alarm system.
 
B. This section shall not apply to audible automatic fire sprinkler alarm bells, either mechanical or electrical, which are used to indicate water flow.
 
 
A. Each alarm user shall submit to the Fire Chief the names, addresses and telephone numbers of at least two persons who can be reached at any time, day or night, who are authorized to gain access to the protected premises for the purpose of silencing and resetting the alarm system. It shall be the alarm user's responsibility to keep this information up-to-date and current. In addition, each control panel shall have located, inside the door, the above-mentioned information, as well as the name, address and twenty-four-hour telephone number of the company or individual who or which currently services the system.
 
B. Written instructions for resetting the alarm system shall be clearly visible on, or adjacent to, the system control panel. Once activated, the system shall not be reset prior to the arrival of the Fire Department. Any attempt to reset a system connected directly to the Fire Department shall be considered a violation of MGL c. 268, § 32 (tampering with a fire alarm signal). If, after three attempts by the Fire Department, a zone or system will not reset, the zone or system shall be left in an unrestored condition. The Fire Department will attempt to notify the responsible parties identified in Subsection A of this section. The Town assumes no liability for inability to contact listed persons or companies. The Fire Chief or his designee may assign a paid detail to monitor the premises until such responsible parties have arrived at the protected location. The cost of that detail and any equipment associated with it shall be borne by the owner, purchaser, lessee or renter of the system.
 
C. All premises shall have the legal street number posted clearly visible as per MGL c. 148, § 59 prior to connection of any alarm to the Fire Department.
 
D. All premises requiring a secured key access box as per § 50-12 of this article shall have the device installed prior to issuance of a fire alarm permit.
 
 
No alarm system designed to transmit emergency messages or signals directly to the Fire Department or through the dispatch center for the Fire Department shall be worked on, tested or demonstrated without first obtaining permission from the Fire Chief or his designee in accordance with MGL c. 148, § 27A. An alarm transmitted when such work is being performed without permission will constitute a false alarm and be subject to the fee assessment as shown in § 50-7.
 
A. Amount of assessment; waiver; notice.
(1) 
Alarm systems which generate false alarms shall be subject to the following assessment: fire alarm, carbon monoxide alarm and emergency medical systems.
False Alarm
Assessment
1 through 3
None
4 through 5
$300 each
6 or more
The current costs for all the personnel and equipment that respond to each call.
 
 
(2) The Fire Chief shall have the authority to waive the assessment if in his judgment extenuating circumstances justify such a waiver.
 
(3) After a third false alarm, the Fire Chief shall notify the responsible party in writing that the next false alarm incident will result in an assessment charge.
 
(4) Alarm users who present a valid service contract or similar agreement for the protected property will receive a credit of $25 against any assessment. It is the intent of this section to have the system maintained on a regular basis.
 
 
B. False alarms caused by faulty telephone service, municipal equipment or electrical storms will be excluded from assessment.
 
C. False alarms received during the first 30 days following installation shall not be counted for the purposes of false alarm assessment, provided no malicious intent has occurred and every attempt has been made to rectify new installation defects.
 
D. Determination that a false alarm has been transmitted will be in the judgment of the Fire Chief or his duly appointed duty officer.
 
E.Any person(s) who maliciously and/or intentionally activates a fire alarm device which automatically transmits an alarm to the Fire Department, when there is no fire or emergency situation, shall be fined.
 
A. Each alarm user shall, on or before October 1 of each year, remit to the Fire Department a service fee for the coming year for master fire alarm boxes and digital alarms. The fees shall be established by the Board of Selectmen.
 
B. Those properties that convert to a radio control master box that is compatible with the North Andover Fire Department receiver shall no longer be billed under the existing fee structure, once the radio box is properly installed and functioning as approved by the North Andover Fire Department. In accordance with the Town bylaw, the Board of Selectmen can establish fees, at any time, which reflect the costs of services provided.
 
C.Fire alarm system devices owned by the Town of North Andover shall be exempt from the provisions of §§ 50-7 and 50-8.
 
D. Until a new fee is established by the Board of Selectmen, the Town shall continue to charge the same fees that were in effect immediately prior to the effective date of this bylaw.
 
 
The following acts shall constitute a violation of these regulations and the responsible person or persons shall be punished by a fine of not less than $50 nor more than $200 per offense (Each day in which a violation occurs will be considered a separate offense.):
A. Failure to follow an order issued by the Fire Chief to disconnect a fire alarm system automatic notification device.
 
B. Using a telephone-dialing device arranged to dial a Fire Department number without authorization under this bylaw.
 
C. Failure to pay any fee assessed under either or both § 50-7 or 50-8 of these regulations within 60 days from the assessment.
 
D. Failure to comply with the requirements set forth in these regulations.
 
E. Continued transmission of false alarms caused by the user's negligence or system malfunctions on the premises under the user's control where no effective effort is made to correct the condition.
 
F. Knowingly failing to maintain any alarm system, covered by this bylaw, in proper working order.
 
G. Causing, through negligence, a condition which interferes with the operation of or causes damage to the municipal fire alarm system.
 
H. Maliciously and/or intentionally activating a fire alarm device which automatically transmits an alarm to the Fire Department, when there is no fire or emergency situation.
 
In consideration of MGL c. 268, § 32, MGL c. 269, § 13, and other applicable state laws, the Town shall consult with the Office of the Essex County District Attorney prior to any court action against anyone for noncompliance with this article or prior to the imposition of any assessment or fines pursuant to § 50-7.
 
When the Fire Department responds to an alarm of fire, transmitted by a fire detection and alarm system, where the premises are unoccupied, the Department is unable to gain access to the structure, and is unable to contact any of the individuals listed for access, the fire officer in command, may, if he/she has reasonable concern or suspicion that a fire exists within the structure, make a forcible entry to determine whether or not fire conditions exist. If this action becomes necessary, the fire officer shall:
 
A. Notify the Police Department of this action.
 
B. Secure the premises insofar as feasible.
 
C. Continue efforts to contact the individuals listed as responsible for the structure.
 
D. Enter the action taken in the Fire Department log.
Any building other than a residential building of fewer than six units which has a fire alarm system or other fire protection systems shall provide a secure key box installed in a location accessible to the Fire Department in case of emergency. This key box shall contain keys to 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 North Andover Fire Department and shall be located and installed as approved by the Chief. Any building owner violating this section after receiving due notice by the Fire Department shall be subject to the provisions of the noncriminal disposition violations statute, MGL c. 40, § 21D.