[Added 12-16-1991 by Ord. No. 248]
When used in this article, unless a contrary intention clearly
appears, the following words shall have the following meanings:
A company equipped to receive a fire alarm signal from each
of its customers and which then notifies the Beverly Fire Department
(BFD) by telephone of the location and nature of any such alarm the
CSOC receives.
Any heat-activated, smoke-activated, flame-activated, sprinkler-activated
or other such automatic device capable of transmitting a fire alarm
signal to either a CSOC or directly to the BFD by way of a master
box, or sounds only on the premises being protected.
The transmittal of a fire alarm signal to a CSOC directly
to the BFD by way of a master box or by way of a telephone call from
the occupant; which alarm is caused by improper installation of a
fire alarm system, a mechanically defective fire alarm system, lack
of maintenance or some other reasons that cause the fire alarm system
to sound even though there is no actual fire emergency or situation
that reasonably could evolve into a fire.
An individual or entity who or which owns the title to and/or
has on his or its business or residential premises a fire alarm system
equipped to send a fire alarm signal to a CSOC or directly to the
Beverly Fire Department by way of a master box.
The Chief of the Beverly Fire Department.
An alarm system that is activated by smoke, heat or other
device and which sounds an alarm only on the property being protected.
The alarm must be transmitted to the Beverly Fire Department via telephone.
A connection to the municipal fire alarm system used to transmit
an alarm of fire to the Beverly Fire Department communications center.
An individual or entity who or which has on his of its business
or residential premises a fire alarm system equipped to send a fire
alarm signal directly to the BFD by way of a master box.
A sprinkler system designed for fire protection purposes
as an integrated system of piping equipped with sprinkler heads which
are activated by heat from a fire and dispense water over the protected
area.
A tape dialer or similar automatic telephone device which
will transmit an alarm message to a designated telephone line of the
BFD.
Before any fire alarm system is connected to the BFD, the master
box owner shall provide the Fire Chief with the following information:
A.
The name, address, and home and work telephone numbers of the master
box owner;
B.
The street address where the master box is located;
C.
The names, addresses and telephone numbers of the persons or businesses
protected by the fire alarm system connected to the master box;
D.
The names, addresses and home and work telephone numbers of at least
two persons other than the owner who can be contacted 24 hours a day,
who are authorized by the master box owner to respond to an alarm
signal and who have access to the premises in which the master box
is located; and
E.
Such other information as the Fire Chief may require.
Every master box owner shall be responsible for updating the
information herein required to be provided to the Chief. If the information
provided changes, the master box owner shall provide the Fire Chief
with the updated information.
A.
If there is a fire alarm system malfunction or malicious false alarm,
as herein defined, the Fire Chief may assess a fine against a fire
alarm system owner for each malfunction or false alarm per calendar
year according to the following schedule. For the purpose of this
section, "malicious false alarm" is defined as "the intentional activation
of a fire alarm system not resulting from an actual fire or emergency."
(1)
Malicious false alarm, first time and every time thereafter: $150.
B.
Private fire alarm systems connected to the Beverly Fire Department
by telephone dialer or through retransmission from a central station
operating company shall be subject to the above conditions.
C.
Any false fire alarm which is the result of the failure of the property owner, occupant or his/her agent to notify the Beverly Fire Department of repair, maintenance or testing of the internal fire alarm system within the protected premises shall cause a penalty to be assessed in accordance with Subsection A above.
D.
Fire alarm
malfunctions.
(1)
For the purposes of this article, a fire alarm malfunction shall
be defined as follows:
(a)
The operation of a faulty smoke or heat detection device.
(b)
Faulty control panel or associated equipment.
(c)
A water pressure surge in automatic sprinkler equipment.
(d)
Accidental operation of an automatic sprinkler system.
(e)
An action by an employee of the owner or occupant of the protected
premises or a contractor employed by the owner or the occupant which
causes accidental activation of the internal fire alarm system.
(2)
Property owners will be billed once a month for the previous month's
malfunction activity. All fines assessed shall be paid to the Beverly
Fire Department for deposit in the general fund.
(3)
If the bill is not paid within 30 days, a second notice will be sent;
if the bill is not paid after another thirty-day period, a final notice
will be sent informing the owner and/or occupant that court proceedings
will commence.
Any fire alarm system owner who is aggrieved by an action taken
by the Fire Chief under this article may, within 10 days of the receipt
of the bill or notice of fine, file an appeal, in writing, to the
City Council, City of Beverly. After notice, the City Council 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 in writing. The City Council 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 owner shall have 30 days from the date of the written decision
to seek judicial review in the Essex County Superior Court.
The Fire Chief may promulgate such regulations as may be necessary
to implement this article. The Fire Chief is authorized to pursue
such legal action as may be necessary to enforce this article.
All fines assessed herein shall be payable to the Beverly Fire
Department for deposit in the general fund.
