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For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CENTRAL STATION OPERATING COMPANY. A company equipped to receive a fire alarm signal from each of its customers and which then transmits to the Boston Fire Department (“BFD”) the location of any such alarm the central station operating company receives.
FIRE ALARM SYSTEM. Any heat-activated, smoke-activated, flame energy-activated or other such automatic device capable of transmitting a fire alarm signal to either a central station operating company or directly to the BFD by way of a master box.
FIRE ALARM SYSTEM MALFUNCTION. The transmittal of a fire alarm to a central station operating company or directly to the BFD by way of a master box which alarm is caused by a malfunction. For the purposes of this Section, a MALFUNCTION is defined as the failure of a fire alarm system to operate in the normal or usual manner due to improper installation or maintenance and/or mechanical defect(s) in the system, resulting in the transmittal of a needless alarm signal to the BFD.
FIRE ALARM SYSTEM OWNER. An individual or entity who owns the title to and/or has on his or her 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 BFD by way of a master box.
FIRE MARSHAL. The Deputy Fire Chief in charge of the Fire Prevention Division of the BFD, designated by the Fire Commissioner as the Fire Marshal of the city.
HALF-YEAR PERIOD. January 1 through June 30 or July 1 through December 31, as the case may be, of any calendar year.
HEAD OF THE BOSTON FIRE DEPARTMENT. The Chief of the Boston Fire Department, designated by the Boston Fire Commissioner as Chief Executive Officer.
MASTER BOX OWNER. An individual or entity who has on his or her 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.
(CBC 1985 11-5A.1; Ord. 1988 c. 5 § 2)
(A) Before the fire alarm system is connected to the BFD, the master box owner shall provide the Fire Marshal 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; and
(4) 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.
(B) If, at passage of this Section, a fire alarm system has already been connected to the BFD by way of a master box, the master box owner shall comply with the requirements of this Subsection within 60 days after the BFD has sent him or her notice by first class mail of the requirements of this Subsection.
(C) If a master box owner fails to comply with this Subsection, the Fire Marshal may assess a fine of $50 for each day of non-compliance.
(CBC 1985 11-5A.2; Ord. 1988 c. 5 § 2)
(A) Before the central station operating company is connected with the BFD, it shall provide the Fire Marshal 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 24 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; and
(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.
(B) If at the passage of this Section a central station operating company already has a direct connection to the BFD, the central station operating company shall comply with the requirements of this Subsection within 60 days after the BFD has sent it notice by first class mail of the requirements of this Subsection.
(C) If a central station operating company fails to comply with this Subsection, the Fire Marshal may assess a fine of $50 for each day of non-compliance.
(CBC 1985 11-5A.3; Ord. 1988 c. 5 § 2)
Every master box owner and every central station operating company shall be responsible for updating the information herein required to be provided to the Fire Marshal. If the information provided changes, the master box owner and the central station operating company shall provide the Fire Marshal with the updated information by the January 1, following the changes. If a master box owner or a central station operating company fails to comply with this Subsection, the Fire Marshal shall assess a fine of $50 for each day of non-compliance.
(CBC 1985 11-5A.4; Ord. 1988 c. 5 § 2)
(A) If there are more than three fire alarm system malfunctions, as defined herein, in a particular building in any half-year period, then the Fire Marshal may assess a fine pursuant to M.G.L. Chapter 40, Section 21, against a fire alarm system owner for the fourth and any subsequent malfunction according to the following schedule:
(1) Fourth malfunction: $50;
(2) Fifth malfunction: $75;
(3) Sixth malfunction: $100;
(4) Seventh malfunction: $150; and
(5) Eighth and any subsequent malfunction: $200.
(B) Notice of citation regarding any malfunction shall be given to the owner in writing.
(C) Except as set forth below, for the eighth and any subsequent malfunction in a particular building in any such half-year period, the Fire Marshal may assess an additional fine of $200 for each day after the date of such malfunction until the fire alarm system owner, through the informal determination process, either demonstrates compliance or demonstrates no malfunction, as those terms are defined below. The imposition of any such additional fee shall be suspended during the pendency of any informal determination or appeal proceeding as described below.
(D) (1) With respect to any malfunction for which an alarm system owner is cited, such owner shall have the right to seek to:
(a) Demonstrate compliance; or
(b) Demonstrate no malfunction to the Fire Marshal.
(2) The Fire Marshal’s decision or determination with respect thereto shall herein be called the “informal determination”.
(E) If the fire alarm system owner seeks an informal determination, then the Fire Marshal shall provide the owner with the opportunity or occasion to demonstrate compliance and/or no malfunction.
(F) The term
DEMONSTRATE COMPLIANCE, as used herein, shall mean that the fire alarm system owner can demonstrate to the satisfaction of the Fire Marshal that the cause(s) of any such fire alarm system malfunctions are being adequately addressed or have been or can be remedied in a reasonable time period as determined by the Fire Marshal. The term DEMONSTRATE NO MALFUNCTION, as used herein, shall mean that the fire alarm system owner can demonstrate to the satisfaction of the Fire Marshal that the cited fire alarm was not caused by a fire alarm system malfunction.
(1) If, within ten business days after a fire alarm system owner’s receipt of written notice of a citation of any fire alarm system malfunction, the fire alarm system owner seeks an informal determination by the Fire Marshal, and:
(a) If the informal determination is that the fire alarm system owner has demonstrated compliance, then there will be no additional fines; or
(b) if the informal determination is that the fire alarm system owner has not demonstrated compliance or no malfunction, unless the owner appeals the informal determination under Subsection 11-5A.7 hereof, then, for the eighth and any subsequent malfunction, due to the seriousness of this situation, the Fire Marshal shall assess such additional fine of $200 per day until the owner demonstrates compliance with respect to such violation.
(2) If a fire alarm system owner seeks an informal determination at any time and such informal determination is that the fire alarm system owner has demonstrated no malfunction, then the citation for any such malfunction shall be rescinded by the Fire Marshal.
(3) If a fire alarm system owner appeals, under Subsection 11-5A.7 hereof, any malfunction for which the owner is cited or assessed a fine, then, any fines shall be held in abeyance until final resolution of the appeal process. If any appellant is successful in such appeal process, no fines shall be assessed. If the appellant is unsuccessful in such appeal process, total fines shall be calculated from the day of the filing of the formal appeal.
(CBC 1985 11-5A.5; Ord. 1988 c. 5 § 2)
If a fine assessed for a fire alarm system malfunction pursuant to Subsection 11-5A.5 hereof has not been paid by the due date, the Fire Marshal, or his or her designee, shall impose a lien on the real property where such malfunction occurred, pursuant to the provisions of M.G.L. Chapter 40, Section 58 and shall notify the fire alarm system owner in writing of such lien. The provisions of this Subsection shall apply to fines that remain unpaid or that become due and payable on or after the effective date of this Subsection.
(CBC 1985 11-5A.5A; Ord. 1992 c. 10 § 1)
No fire alarm system shall be equipped with a tape dialer or similar automatic telephone device which will transmit an alarm message to any telephone lines of the BFD. If, at the passage of this Section, a fire alarm system is equipped with such a tape dialer or similar automatic telephone device, the fire alarm system owner shall have 60 days from passage of this Section to disconnect such tape dialer or similar automatic telephone device. If a fire alarm system owner fails to comply with this Subsection, the Fire Marshal may assess a fine of $50.
(CBC 1985 11-5A.6; Ord. 1988 c. 5 § 2)
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