[HISTORY: Adopted by the City Council of the City of Gardner
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-15-1993 by Ord. No. 1140]
As used in this article, the following terms shall have the
meanings indicated:
Any signal from a security alarm system transmitted, directly
or indirectly, to the Gardner Police Department as a result of:
Improper design, operation or maintenance of the security alarm
system, provided that the owner or person in control has been previously
notified, in writing, of such by the Chief of Police and has failed
to correct the same within three days of receipt of such notice.
Activation of the alarm for testing, construction or maintenance
purposes without prior notice to and approval of the Gardner Police
Department and/or such other City department as may be required.
Negligence or carelessness on the part of the owner or person
in control or such owner's or person's agents, employees or servants.
On or before January 1, 1994, all security alarms utilized within
the City of Gardner must conform to the following minimum standards
for security alarm systems:
A.
Limitations on automatic dialers.
(1)
No security alarm system shall utilize any automatic dialing device
that has been designed or programmed to, after activation, repeatedly
dial any telephone number of the Gardner Police or Fire Department
for the purpose of transmitting a recorded or electronic message of
alarm.
(2)
No security alarm system shall utilize an automatic dialing device
programmed to dial 911.
B.
Limitations on power of audible alarm signaling devices. No security
alarm system shall utilize, as an audible alarm signal device, a siren,
klaxon or similar electronic signal producer of more than 60 watts
of power.
C.
Automatic resetting of systems or silencing of audible alarm. Every
security alarm system must be designed, equipped or programmed to
automatically reset or silence the audible alarm within 10 minutes
of such system having been activated.
[Amended 1-3-1994 by Ord. No. 1144]
A.
Alarm systems in general. Every owner or person in control of a security
alarm system shall register the same on forms provided by the Chief
of Police, which forms shall include the name, address and telephone
number of the owner or person in control and the names, addresses
and phone numbers of at least two other persons to be contacted in
the event that the owner or person in control cannot be contacted.
The owner or person in control will also be responsible to notify
the Gardner Police Department of any updated information as changes
occur to the relevant information contained therein. In addition,
such owner or person in control shall affix to the alarmed building,
house or structure, according to the directions of the Chief of Police,
proof of such registration, in such forms as may be issued by the
Chief.
B.
Alarm systems connected to a central monitoring service. The owner
or person in control of a security alarm system which is connected
to a central monitoring service shall not be required to register
such system with the Chief of Police or to display proof of registration,
provided that such owner or person in control has provided the central
monitoring service with information similar to that required by the
preceding subsection.
[Amended 6-2-2008 by Ord. No. 1473]
The following acts and omissions shall constitute violations
of this article punishable by the fines as herein provided:
A.
An alarm user whose alarm system transmits or otherwise causes more
than one false alarm in a six-month period, unless the owner or person
in control, directly or indirectly, notified the Gardner Police Department
that such alarm was false prior to the dispatch of an alarm, shall
be assessed a fine according to the following schedule:
C.
Any person who is aggrieved by a notice of violation made by the
Chief of Police or his designated representative may, within five
business days from the date of notice of violation, appeal his or
her case, in writing, to the Chief of Police or his designated representative
for further consideration. Thereafter the decision of the Chief of
Police or his designated representative shall be final and binding
on the parties.
D.
This article may also be enforced by civil process, criminal process
or by noncriminal disposition as provided in MGL c. 40, § 21D.
A.
No person shall intentionally transmit a signal from a security alarm
system for a purpose other than an actual or reasonable perceived
emergency or for a preapproved testing of the system.
B.
No owner or person in control of a security system shall, directly
or indirectly, refuse or neglect to secure, within a reasonable time
period after notification, an audible alarm which has been sounding
in excess of 10 minutes or which is repeatedly sounding after automatically
resetting.
[Amended 11-18-2013 by Ord. No. 1563]
[Amended 1-3-1994 by Ord. No. 1144]
A.
The sounding of the audible signal of a security system in excess
of 10 minutes or the repeated sounding of such alarm following its
reset is deemed to constitute a nuisance. Upon the occurrence of such
a nuisance and after having made reasonable efforts to have the owner
or person in control silence the audible signal, a command officer
of the Gardner Police Department may, for purpose of ending the nuisance,
silence or cause to be silenced such audible signal.
B.
After action to end a nuisance has been made in accordance with this
section, a command officer of the Gardner Police Department shall
have the property secured, if necessary. The reasonable costs and
expense of abating a nuisance in accordance with this section shall
be assessed to the alarm user, who shall be liable to the City for
expenses incurred by the City in abating the nuisance. The Police
Chief or his designee shall provide the owner with a written statement
of all costs associated with responding, abating and securing the
building. If the alarm user fails to pay or reimburse the City within
60 days of notice of expenses, the City shall record the notice of
claim in the Worcester District Registry of Deeds (or the Land Court
Department) forthwith, establishing a lien on the property for the
balance due.
[Added 6-2-2008 by Ord. No. 1473]
[Adopted 2-17-2015 by Ord. No. 1575]
A.
The purpose
of this article is to encourage owners and fire alarm businesses to
properly use and maintain the operational effectiveness of fire alarm
systems in order to improve the reliability of fire alarm systems
and reduce or eliminate false fire alarms and nuisance fire alarms.
B.
This article
governs fire alarm systems intended to summon Fire Department personnel,
and requires registration, assessment of fees for excessive false
fire alarms and nuisance fire alarms, provides procedures for repeat
offenders, provides for the severability of the parts hereof if declared
invalid, and provides an effective date.
C.
This article
is not applicable to one- and two-family dwellings.
As used in this article, the following terms shall have the
meanings indicated:
Code adopted by the jurisdiction, and in the absence of adopted
code, the National Fire Protection Association National Fire Alarm
Code 72 (NFPA 72), 527 CMR and MGL c. 148.
Fire Chief or his designee.
Any signal from a fire alarm system transmitted, directly or
indirectly, to the Gardner Fire Department as a result of:
Intentional misuse of the fire alarm system by the owner or
person in control or such owner's or person's agents, employees, or
servants.
Negligence or carelessness on the part of the owner or person
in control or such owner's or person's agents, employees or servants.
Activation by any components connected to the fire alarm system.
The activation of a fire alarm system will not be considered
a false fire alarm if the alarm is activated due to malicious causes
beyond the control of the owner or person's agents, employees, or
servants.
Any individual, partnership, corporation or other entity
that is appropriately licensed in the state/jurisdiction and installs,
causes to be installed, permits to be installed, alters, maintains,
repairs, replaces or services (including services which provide resetting
and silencing of all equipment transmitting fire alarm or supervisory
signals to an off-premises location) any fire alarm system.
Any system or portion of a combination system consisting
of components and circuits arranged to monitor and/or exterior annunciate
the status of a fire alarm or supervisory signal-initiating devices
and to initiate the appropriate response to those signals.
A high security lock box to hold building keys. It shall
be opened by the high security key registered to the Gardner Fire
Department.
Any signal from a fire alarm system transmitted, directly
or indirectly, to the Gardner Fire Department as a result of:
Any person who inspects, installs, repairs or performs maintenance
on fire alarm systems. This person shall be licensed by the Commonwealth
of Massachusetts.
A.
Certification.
All newly installed or recertified commercial fire alarm systems shall
be approved by the Enforcement Official. The certification shall indicate
that the fire alarm system is in compliance with adopted codes. The
certification shall be signed by a qualified fire alarm technician.
B.
Inspection.
The owner shall ensure that all fire alarm systems are inspected and
tested at least once per year in accordance with adopted codes. A
report of the testing and inspection shall be provided to the Enforcement
Official.
C.
Maintenance.
The owner shall ensure that all fire alarm systems are periodically
maintained per manufacturer specifications and adopted codes.
D.
Knox-Boxes®
and keys. The owner of any multifamily building of three or more units,
commercial, institutional, or industrial occupancy which has automatic
Fire Department notification of a fire alarm shall install a "Knox-Box®
Rapid Entry" key box or equivalent, operable by a Gardner Fire Department
proprietary high security key, at a location to be approved by the
Enforcement Authority. Current keys to open the building shall be
kept in the Knox-Box®, and:
(1)
Any
fire alarm system control panel installed or modified after the effective
date of this article shall be locked at all times with a CAT30 key,
also known as a "Simplex B" key.
Annually before June 1, registration shall be required for fire
alarm systems.
A.
Registration.
The owner shall complete and deliver the fire alarm system registration
in the required format to the Enforcement Official before the fire
alarm system is activated or placed into service. This registration
shall be updated annually. The fire alarm business, when authorized
by the owner, may assist the owner in accomplishing this submission
of the fire alarm registration to the Enforcement Official.
B.
Alarm
systems in general. Registrations shall not be transferable from one
premises to another or from one owner to another.
C.
Registration
form. Every owner or person in control of a fire alarm system shall
register the same on forms provided by the Gardner Fire Department
Enforcement Official, which forms shall include the following information:
(1)
The
name(s), address of the premises, mailing address (if different from
the address of the premises), business and home telephone number of
the owner and lessee, operator, manager or person in possession of
the premises wherein the fire alarm system is installed.
(2)
The
name, address and telephone number of a minimum of two persons who
can be notified 24 hours a day, in the event of the activation of
the fire alarm system, who shall be capable of responding to the premises
within one hour, and who are authorized to enter the premises to ascertain
the status thereof.
(3)
The
name, address and telephone number of the fire alarm business which
has contracted to service the fire alarm system and proof of proper
state licensing/registration if required. Proof of proper state licensing
may be a valid state licensing number.
(4)
The
date the registration is signed or the fire alarm system is placed
in service for any reason.
(5)
The
date of annual maintenance and testing required by NFPA 72.
(6)
Any
other documentation that is required by adopted codes.
D.
Notification.
Every fire alarm business shall notify the Enforcement Official of
the existence of a fire alarm system prior to the fire alarm system
being put into operation. It shall be the responsibility of the installing
fire alarm business to provide the owner with notice of the existence
of this article, a registration form and a copy of the fire alarm
system operation instructions in accordance with adopted codes, and
the manufacturer's instructions.
E.
Alarm
systems connected to a central monitoring service. The owner shall
be required to reregister whenever there is a change in the fire alarm
business responsible for maintaining, servicing, and/or monitoring
the fire alarm system, whenever a record of completion is prepared,
or at change of ownership.
F.
Change
of information. The owner or person in control will also be responsible
to notify the Gardner Fire Department of any updated information within
15 days of the owner becoming aware of such change.
A.
The provisions
of this section shall not apply to any newly installed fire alarm
system for a period of 30 days 30 from the date of installation, but
shall apply from and after the expiration of the initial thirty-day
period following installation. The following acts and omissions shall
constitute violations of this article punishable by the fines as herein
provided:
(1)
False
fire and nuisance alarms. Any owner whose alarm system transmits or
otherwise causes more than three false fire alarms or nuisance fire
alarms during a calendar year, unless the owner or person in control,
directly or indirectly, notified the Gardner Fire Department that
such alarm was false prior to the dispatch of an alarm, shall be assessed
a fine according to the following schedule:
(2)
Failure
to comply. Any owner who fails to comply with any of the requirements
and standards established by the above sections of this article shall
be punishable by a fine of $25 for each violation.
(3)
Failure
to pay. Should any fee assessed pursuant to this article remain unpaid
in excess of 60 days from the date the fee is billed, a late fee in
the amount of $25 shall be assessed and shall be payable by the owner
of the premises in addition to the original fee.
(4)
Fire
alarm business. The fire alarm business shall be assessed a fee of
$50 if an Enforcement Official determines that a false fire alarm
was directly caused by an on-site employee or representative of the
fire alarm business. In this event, no false fire alarm shall be counted
against the owner.
(5)
Knox-Box®
and keys.
B.
This article
may also be enforced by civil process, criminal process or by noncriminal
disposition as provided in MGL c. 40 § 21D.
Any owner or fire alarm business who is aggrieved by a notice
of violation may appeal the assessment of fees to the Civil Enforcement
Officer, within five business days of the date of notice of violation,
in writing, to the Civil Enforcement Officer for further consideration.
Thereafter, the decision of the Fire Chief or his designated representative
shall be final and binding on all parties.
In the event the activation of a fire alarm system is deemed
by the Enforcement Official to be a nuisance fire alarm, the owner
or authorized representative shall be notified by an officer or member
of the Fire Department, indicating that the activation was deemed
to be the result of a nuisance fire alarm.
A.
This shall
require the owner to return a completed report of service/repair within
seven days of the notification to verify, to the reasonable satisfaction
of the Enforcement Official, that:
B.
Failure
to return a report of service/repair within said seven-day period,
which is reasonably satisfactory to the Enforcement Official, shall
result in assessment against the owner of $100 for failure to comply
with the aforementioned provision.
C.
In the
event of a nuisance fire alarm which in the judgment of an officer
or member of the Fire Department constitutes an immediate threat to
the life safety of the occupants of a premises, a twenty-four-hour
time limit to effect repairs may be imposed.
A.
A fire
alarm system may be reactivated upon a finding by the Enforcement
Official that the owner of the premises has taken corrective action
to remedy the cause of the false fire alarms or nuisance fire alarms
at the premises.
B.
In making
a request for such a reactivation, the owner shall have the burden
of showing what corrective action has been taken.
C.
The Enforcement
Official shall have the right to inspect the fire alarm system and
test it prior to approving a new order to reconnect or reactivate
the fire alarm system.
D.
The Enforcement
Official shall not approve a new order to reconnect or reactivate
if the owner has failed to pay any fee pursuant to this article.
A.
Registration
of a fire 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
immunity as provided by law is retained.
B.
When registering
a fire alarm system, the owner acknowledges that Fire Department response
may be based on factors such as availability of Fire Department units,
priority of calls, weather conditions, traffic conditions, emergency
conditions, and staffing levels.
C.
The City,
its officers, employees and agents shall not assume any duty or responsibility
for the installation, maintenance, operation, repair or effectiveness
of any privately owned fire alarm system, those duties or responsibilities
being solely those of the owner of the premises.
The provisions of this article 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.
