ARTICLE XVIII 18

FIRE ALARM SYSTEMS

Section 1. Fire Alarm Systems Town of Canton By-Laws are hereby amended by adding the following By-Law to be entitled "Fire Alarm Systems".

Section 2. Definitions When used in this By-Law, unless a contrary intention clearly appears, the following words shall have the following meaning:

A. Canton Fire Department hereinafter referred to as CFD as used throughout.

B. "Central station operating company": A company equipped to receive a fire alarm signal from each of its customers and which then transmits to the CFD location of any such alarm the central station operating company receives.

C. "Fire Alarm System": Any heat-activated, smoke-activated, flame-energy activated or other such automatic device capable of transmitting a fire signal to either a central station operating company or directly to the CFD by way of a master box.

D. "Fire alarm system malfunction": The transmittal of a fire alarm to a central station operating company or directly to the CFD by way of a master box which alarm is caused by improper installation of a fire 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 evolve into a fire.

E. "Fire alarm system owner": An individual or entity who owns the title to and/or has on a business or residential premises a fire alarm system equipped to send a fire alarm signal to a central station operating company or directly to the CFD by way of a master box.

F. "Fire Chief": The Chief of the CFD.

G. "Master box owner". An individual or entity who has on a business or residential premises a fire alarm system equipped to send a fire alarm signal directly to the CFD by way of a master box.

Section 3. Connection of Fire Alarm Systems to the CFD by Way of a Master Box 18-3

18 This article was inserted under article 30, ATM 1990. 18-3 As amended under article 37, ATM April 26, 1999. 178

A. Every master box owner whose fire alarm system on the effective date of this By-Law connected to the CFD by way of a master box, shall pay the following fees:

Annual Fee $250.00

B. Every master box owner whose fire alarm system is connected after the effective date of this By-Law to the CFD by way of a master box shall pay the following fees:

Permit Fee $30.00 Connection Fee $125.00 Annual Fee $250.00

C. Before any fire alarm system is connected to the CFD master box owner shall provide the Fire Chief with the following information:

1. The name, address and home and work telephone numbers of the master box owner.

2. The street address where the master box is located.

3. The names, addresses and telephone numbers of the persons or businesses protected by the fire alarm system connected to the master box.

4. The names, addresses and home and work telephone numbers of at least two persons other than the owner who can be contacted twenty-four 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.

5. Such other information as the Fire Chief may require.

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In the event a fire alarm system has been connected to the CFD by way of a master box, prior to adoption of this by-law, the master box owner shall comply fully with the requirements of this section within sixty (60) days after notice by first class mail of the requirements of this section.

If a master box owner fails to comply with this section, the Fire Chief in the Chiefs discretion may assess a fine of seventy-five dollars ($75.00) for each day of non compliance.

Section 4. Connection of Central Station Operating Companies to the CFD 18-4

A. Every central station operating company who has a direct Connection prior to the effective date of this By-Law to the CFD shall pay the following fees:

Annual Fee $250.00

B. Every central station operating company who makes a direct connection after the effective date of this By-Law to the CFD shall pay the following fees:

Permit Fee $30.00 Connection Fee $125.00 Annual Fee $250.00

C. Before any central station operating company is connected with the CFD, it shall provide the Fire Chief with the following information.

1. The name, address and telephone numbers of the central station operating company.

2. The names, addresses and home and work telephone numbers of at least two persons who can be contacted twenty four hours a day, who are authorized by the central station operating company to respond to an alarm signal and who have access to the premises from where the alarm signal is emitting to the central station operating company.

3. The name, address, home and work telephone numbers and location of the premises of each customer of the central station operating company who has a fire alarm system equipped to send a fire alarm signal to the central station operating company.

18-4 As amended under article 37, ATM April 26, 1999. 180

4. Such other information as the Fire Chief may require.

If at the passage of this By-Law a central station operating company already has a direct connection to the CFD central station operating company shall comply with the requirements of this section within sixty days after notice by first class mail of the requirements of this section.

If a central station operating company fails to comply with this section, the Fire Chief may assess a fine of seventy-five dollars ($75.00) for each day of non-compliance.

Section 5. Updating Information 18-5 Every master box owner and every central station operating company shall be responsible for updating annually the information herein required to be provided to the Chief. If the information provided changes, the master box owner and the central station operating company shall provide the Fire Chief with the updated information and shall pay the fee, if any, required by this By-Law.

If a master box owner or a central station operating company fails to comply with this section, the Fire Chief may assess a fine of seventy-five dollars ($75.00).

Section 6. Fire Alarm System Malfunctions: Fines 18-6 If there is a fire alarm system malfunction, as defined herein, the Fire Chief may assess a fine against a fire alarm system owner for each malfunction per fiscal year according to the following schedule:

A. First Through Third Malfunction No Charge

Upon the recording of the third false alarm by the CFD, the Fire Chief 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 Department's policy with regard to charging for false alarms. (send copy of policy at this time). Fourth Through Sixth Malfunction $75.00 Seventh Through Eleventh Malfunction $250.00 Each Malfunction After the Eleventh $500.00

B. Private fire alarm systems connected to the CFD by other automatic means or through a central station system shall be subject to the above conditions.

18-5 As amended under article 37, ATM April 26, 1999. 18-6 As amended under article 37, ATM April 26, 1999. 181

C. Any false fire alarm which is the result of the failure of the property owner, occupant or their agents to notify the CFD 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 Section (A).

D. For the purposes of this regulation, a false defined as follows:

1. The operation of a faulty smoke or heat detection device.

2. Faulty control panel or associated equipment.

3. A water pressure surge in automatic sprinkler equipment.

4. Accidental operation of an automatic sprinkler system.

5. An action by an employee of the owner or occupant of the protected premises or a contractor employed by the owner or the occupant causing accidental activation of the internal fire alarm system.

E. Property owners will be billed once a month for the previous months malfunction activity. All fines assessed shall be paid to the Town of Canton Fire Department for deposit to the general fund.

F. If the bill is not paid within thirty days, a second notice will be sent. If the bill is not paid after another thirty day period final notice will be sent informing the owner and/or occupant that the master box will be disconnected and the insurance company notified.

Section 7. Appeal Procedure Any fire alarm system owner who is aggrieved by an action taken by the Fire Chief under this By-Law may, within ten (10) days after notice of such action, file an appeal, in writing, to the Select Board of the Town of Canton (the Board). The Board shall hold a hearing, and shall issue a written decision in which it affirms, annuls or modifies the action taken by the Fire Chief.

The Select Board shall mail its decision by certified mail to the owner within ten (10 ) days after hearing and shall file a copy of its decision in the office of the Town Clerk within such ten (10) day period. The decision of the Board shall be a final administrative decision. The owner shall have thirty (30) days from the date of the filing of the written decision in the Office of the Town Clerk to seek judicial review in a court of competent jurisdiction.

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The Select Board shall mail its decision by certified mail to the owner within ten (10 ) days after hearing and shall file a copy of its decision in the office of the Town Clerk within such ten (10) day period. The decision of the Board shall be a final administrative decision. The owner shall have thirty (30) days from the date of the filing of the written decision in the Office of the Town Clerk to seek judicial review in a court of competent jurisdiction.

Section 8. Regulations and Enforcement 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.

Section 9. Deposit in the General Fund All fines assessed herein shall be payable to the Town of Canton Fire Department for deposit to the General Fund.

Section 10. Severability 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.

Section 11. Municipal Fire Alarm Master Box Disconnects18-11 Municipal Fire Alarm Master Boxes shall be connected, disconnected, or reconnected only by the following personnel: (a) licensed electricians, as authorized by the Canton Fire Chief, may connect, disconnect and/or reconnect municipal fire alarm master boxes after demonstrating their ability properly to disconnect and reconnect a municipal master fire alarm box.

Section 12. Fire Alarm Company and Technicians Certification Fee18-12 Every Fire Alarm Company certified pursuant to Section 11 by the Canton Fire Department shall be charged a fee to be set by the Canton Fire Chief pursuant to Chapter 40, Section 22F of the General Laws of the Commonwealth.

18-11 Section 11 inserted under article 44, ATM April 27, 2005 as approved by Attorney General. 18-12 Section 12 inserted under article 45, ATM April 27, 2005. 183