Chapter 5.08 Alarm Systems and Alarm Monitoring

Sections
5.08.010     Short Title [Amended, March 14, 2011]
5.08.020     Purpose [Amended, March 14, 2011]
5.08.030     Definitions [Amended, March 14, 2011]
5.08.040     Permit Required [Amended, March 14, 2011]
5.04.050     Construction standards [Repealed, March 14, 2011]
5.08.060     Existing Alarm Systems [Amended, March 14, 2011]
5.04.070     Issuance of permits/fees [Repealed, March 14, 2011]
5.08.080     User Fee Required [Amended, March 14, 2011]
5.08.090     Failure to Obtain Permits and Pay User Fees [Amended, March 14, 2011]
5.04.100     False alarms [Repealed, March 14, 2011]
5.04.110     Penalties for violations of these regulations [Repealed, March 14, 2011]
5.08.120     Liability of Town Limited [Amended, March 14, 2011]
5.08.130     Adoption and Amendments [Repealed, March 14, 2011]

5.08.010 Short Title
These regulations shall be known and may be cited as “Alarm Systems & Monitoring Regulations.” (Ord. 2011-002 amended 03-14-11; Ord. 6-27-89 § 1)

5.08.020 Purpose
These regulations are adopted pursuant to NHRSA 154:18 for the purpose of guarding against fires; protecting life and property from fire; providing efficient and cost-effective fire prevention services by the town, including but not limited to maintenance and upgrade of hard wire transmission lines, monitoring systems, and alarm systems; and carrying out the chapter regulating alarm systems. (Ord. 2011-002 amended 03-14-11; Ord. 6-27-89 § 2)

5.08.030 Definitions
For the purpose of these regulations, the following terms, phrases, words, and their derivations shall have the meanings given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the masculine gender include the feminine gender or non-gender. The word “shall” is always mandatory and not merely directory.

  1. “Alarm installation” means the design,     installation, repair, alteration and maintenance of systems causing an alarm to be sounded in an emergency situation as specified in the ordinance regulating alarm systems.
  2. “Alarm monitoring facility” means a facility located at the Milford fire department headquarters or central communications center for the town, which is monitored by the fire chief or his or her agents who receive, record, and validate alarm signals transmitted from alarm systems.
  3. “Alarm system” means an assembly of equipment and devices, or a single device, arranged to signal the presence of an emergency situation requiring urgent attention by the town, its employees, or agents. As used in these regulations, the term “alarm system” includes the terms “box alarm,” “dial alarm,” “fire alarm call box,” “fire alarm street box,” “local alarm,” “manual alarm,” and “master fire alarm box” as those terms are defined in this section.
  4. “Alarm user” means any person on whose premises an alarm system is maintained within the town and is connected directly or indirectly to the alarm monitoring facility, except for alarm systems on motor vehicles or proprietary alarm systems.
  5. “Answering service” means a telephone answering service among its services the service of receiving emergency signals from alarm systems and thereafter relaying the message by voice or otherwise to the alarm monitoring facility.
  6. “Central alarm station” means any facility which is privately owned that owns or leases alarm systems, whose facility is staffed by employees who receive, record, or validate alarm signals and relay information about such signals to the alarm monitoring facility by any means.
  7. “Dial alarm” means an alarm system which automatically selects a telephone line connected to the alarm monitoring facility and reproduces a prerecorded voice message or coded signal indicating the existence of the emergency situation that the alarm system is designed to detect.
  8. “Digital Dialer” means a device that electronically dials the phone to the alarm monitoring facility, ensures that it has made contact with the receiving unit and send an electronic message indicating an alarm activation, low battery, arming/disarming of an alarm etc.  
  9. “Direct alarm” means any alarm system which transmits a signal over a telephone line to the alarm monitoring facility.
  10. “False alarm” means any activation of any alarm system to which the town, its employees or agents respond, which is not the result of an emergency situation. Such terminology does not include alarms caused by electrical storms, floods, hurricanes, or other violent events of nature.
  11. “Fire alarm call box” means a private alarm system which automatically transmits an alarm over a municipal hard wire system to the alarm monitoring facility, upon dialing the telephone in the box.
  12. “Fire alarm street box” means a municipal alarm system which automatically transmits an alarm over a municipal hard wire system to the alarm monitoring facility, upon pulling the alarm in the box.
  13.  “Local alarm” means any alarm system not connected to the alarm monitoring facility or to a private central alarm station or answering service, which is designed to activate at the premises within which the alarm system is installed, an audible and/or visual signaling device.
  14. “Manual alarm” means any alarm system in which activation of the alarm is initiated by the direct action of the alarm user or such user’s agents or employees, installed with a purpose to elicit a response and action from the alarm monitoring facility.
  15. “Master fire alarm box” means a private alarm system located on a building or structure, which upon activation of the internal alarm system or sprinkler system located within the building or structure will automatically transmit an alarm over a municipal hard wire system to the alarm monitoring facility.
  16. “Ordinance Regulating Alarm Systems” is the town of Milford’s ordinance which regulates the installation of all alarm systems in the town of Milford.
  17. “Owner” means any person who alone, or jointly or severally with others, shall have legal title to any building, structure or premises on which an alarm system is located within the town, with or without accompanying actual possession of such title, and shall include the duly authorized agent or attorney, a purchaser, devisee, fiduciary and any person having a vested or contingent interest in the property in question.
  18. “Person” means any corporation, including a municipality, and any firm, partnership, association, organization and any other group acting as a unit, as well as individuals. It also includes an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word “person” is used in any section of these regulations prescribing a penalty or fine, as to partnerships or associations, the word shall include the partners or members of such partnership or association, and as to corporations, shall include the officer, agents or members of such corporation who are responsible for any violation of these regulations.
  19. “Proprietary systems” means all alarm systems sounding and/or recording alarm and supervisory signals at a control center located within the protected premises, the control center being under the supervision of the proprietor of the protected premises or such proprietor’s employees or agents. If a proprietary alarm system includes a signal line connected directly or by means of a dialing device to the alarm monitoring facility, it thereby is deemed to be an alarm system as defined in these regulations.
  20. “Town” means the town of Milford, New Hampshire.
  21. “User” means any person who alone, or jointly or severally with others, shall have legal tide to any building, structure or premises on which an alarm system is located within the town with or without accompanying actual possession of such title and shall include the duly authorized agent or attorney, a purchaser, devisee, fiduciary and any person having a vested or contingent interest in the property in question.
    (Ord. 2011-002 amended 03-14-11; Ord. 6-27-89 § 3)

5.08.040 Permit Required
Each owner, person or user who desires to utilize the alarm monitoring facility, with respect to any alarm system located in the town, shall apply for a permit from the Milford fire chief or his or her agent. The application shall be on a form prescribed by the fire chief and shall contain the following information (see Exhibit A):

  1. A description of the premises on which such alarm system is to be located;
  2. The name, address, and telephone number of the person who is responsible for the upkeep, maintenance, and operation of the alarm system;
  3. A description of the system, including the name, address and telephone number of the legal entity responsible for the upkeep, maintenance, and operation of the alarm system;
  4. [List of licenses issued – Repealed, March 14, 2011]
    (Ord. 2011-002 amended 03-14-11; Ord. 6-27-89)

5.04.050 [Construction standards - Repealed, March 14, 2011]

5.08.060 Existing Alarm Systems
All owners or users of alarm systems operating at the date of adoption of these regulations shall file an application in conformance with these regulations and pay the application fee and annual user fee no later than February 28 of each year, or such owner or user shall be subject to the penalties as provided in Appendix B - Fines. (Ord. 2011-002 amended 03-14-11; Ord. 6-27-89 § 6)

5.04.070 [Issuance of permits/fees - Repealed, March 14, 2011]

5.08.080 User Fee Required
The owner or user of an alarm system connected to a master fire alarm box, or a fire alarm street box, or a digital dialer which is directly wired to the alarm monitoring facility shall pay to the order of Milford fire department an annual user fee as further described in Appendix A – Fees. The fee shall be due and payable yearly on the second day of each year. New systems installed during the year shall be charged a pro rata amount as further described in Appendix A – Fees per month or part of such month until December 31st of the year of installation. The full annual user fee shall be paid after the year of installation, unless such installation is disconnected by the owner, in which case the town shall refund a pro rata amount as further described in Appendix A – Fees per month or part of such month from the time of disconnection until December 31st of the year of disconnection. (Ord. 2011-002 amended 03-14-11; Ord. 6-27-89 § 8)

5.08.090 Failure to Obtain Permits and Pay User Fees
Any owner or alarm user who fails to obtain a renewal permit and pay user fees required by these regulations may be disconnected from the alarm monitoring facility at the discretion of the fire chief. Prior to such disconnection, the fire chief or his or her agent shall send a written notice by certified mail, return receipt requested, to the owner, and to the alarm user, if different from the owner, stating that such disconnection shall take place within ten (10) days from the date of the notice, unless the permits are obtained and/or the application and user fees plus costs of the notice are paid. If such disconnection takes place, the owner or alarm user shall be responsible to the town and shall pay to the order of the Milford fire department all costs related to any reconnection, once the permits are issued and/or the application and user fees are paid, and reconnection is permitted by the town’s fire chief or his or her agent. (Ord. 2011-002 amended 03-14-11; Ord. 6-27-89 §9)

5.08.100  [False alarms - Repealed, March 14, 2011]

5.08.110  [Penalties for violations of these regulations - Repealed, March 14, 2011]

5.08.120  Liability of Town Limited
The town and its employees and agents shall take every reasonable precaution to ensure that the alarm signals received at the alarm monitoring facility are given appropriate attention and are acted upon with dispatch. Nevertheless, the town and its employees and agents shall not be liable for any defects in operation of alarm systems for any failure or neglect to respond appropriately upon receipt of an alarm from such defective source, or for the failure or neglect of any person in connection with the improper installation and operation of alarm systems. In the event that an alarm system is disconnected from the alarm monitoring facility, as provided in these regulations, the town and its employees and agents shall incur no liability by such action. (Ord. 2011­002 amended 03-14-11; Ord. 6-27-89 § 12)

5.08.130 [Adoption and Amendments - Repealed, March 14, 2011]
Exhibit A - Alarm Permit