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(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)
Any fire alarm system owner who is aggrieved by any action or determination taken by the Fire Marshal under this Section may, within ten business days of such owner’s receipt of written notice of any such action or determination, or such longer period of time as may be authorized in writing by the Fire Marshal, file an appeal, in writing, to the Fire Marshal and to the head of the BFD, as defined herein. After notice of a citation to such owner, the Head of the BFD, or his or her designee, shall, within ten days after such owner’s appeal, hold a hearing, after which he or she shall issue a decision in which he or she affirms, annuls or modifies the action taken by the Fire Marshal, giving his or her reasons in writing therefor. The Head of the BFD shall send his or her decision to the owner by first class mail within ten days after the hearing. The decision of the Head of the BFD shall be a final administrative decision. The owner shall have 30 days from the date of the owner’s receipt of such written decision to seek judicial review in the appropriate court.
(CBC 1985 11-5A.7; Ord. 1988 c. 5 § 2)
The provisions of this Section 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.
(CBC 1985 11-5A.10; Ord. 1988 c. 5 § 3)
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