PETITION OF:

SECTION 1. Chapter 147 of the general laws, as appearing in the 2004 official edition, is hereby amended by inserting the following new chapter:- 147A Reduction of False Alarms and Responsibilities of Alarm Users.

Section 1. Definitions

As used in this chapter, the following words shall have the following meanings:

“Alarm Advisory Board”, means persons designated by a city, municipality or district that represent the community and include alarm users, local alarm installation and monitoring companies, and law enforcement officers responsible for review and recommendations on false alarm reduction efforts and report to the city, municipality or district.

“Alarm Administrator”, means a person or persons designated by the city, municipality or district to administer, control and review false alarm reduction efforts and administer the provisions of this chapter.

“Alarm Dispatch Request”, means a notification to a law enforcement agency that an alarm, either manual or automatic, has been activated at a particular alarm site.

“Alarm Installation Company”, means a person, firm or corporation, holding valid licenses, one issued by the state examiners of electricians in accordance with chapter 141 and one issued by the commissioner of public safety in accordance with the provisions of sections fifty-seven to sixty-one, inclusive, of chapter 147, who is in the business of selling, installing, repairing, or maintaining any security system, including an alarm system in an alarm site. An alarm installation company may provide monitoring.

“Alarm Registration”, means authorization granted by the alarm administrator to an alarm user to operate an alarm system.

“Alarm Response Manager”, means a person designated by an alarm installation company or monitoring company to handle alarm issues for the company and act as the primary point of contact for the jurisdiction’s alarm administrator.

“Alarm Site”, means a single fixed premises or location served by an alarm system or systems. Each unit, if served by a separate alarm system in a multi-unit building or complex, shall be considered a separate alarm site.

“Alarm System”, means a security system as defined in section one of chapter 141 and section 57 of chapter 147, designed to generate a local or remote indication of an alarm condition with the intent of summoning a law enforcement response. Alarm system does not include an alarm installed in a vehicle or on someone's person.

“Alarm User”, means any person, who has contracted for monitoring, repair, installation or maintenance service from an alarm installation company or monitoring company for an alarm system, or who owns or operates an alarm system which is not monitored, maintained or repaired under contract.

“Alarm User Awareness Class”, means a class conducted for the purpose of educating alarm users about the responsible use, operation, and maintenance of alarm systems and the problems created by false alarms.

“ANSI/SIA CP-01 Control Panel Standard”, An American National Standard Institute/Security Industry Association compliant control panel that incorporates particular factory features which are designed to offer specific security functions and provide tailored protections for each individual alarm system upon panel installation and programming.

“Arming Station”, means a device from which the alarm system is turned On, armed, and Off, disarmed.

“Audio Verification”, means the ability of the monitoring company to listen to sounds generated at the protected premise to assist in determining the validity of the alarm signal.

“Automatic Voice Dialer”, means any device capable of sending a prerecorded voice message, when activated, to a law enforcement, public safety or emergency services agency requesting dispatch.

“Cancellation”, means the process where response is terminated when a monitoring company, designated by the alarm user, for the alarm site notifies the responding law enforcement agency that there is not an existing situation at the alarm site requiring law enforcement agency response after an alarm dispatch request.

“Certified”, means a method of regulation whereby a person in the business of providing monitoring services is required to register with the commissioner pursuant to this chapter.

“Commercial”, shall mean the conduct of a trade or business

"Commissioner", the commissioner of the department of public safety described in

section one of chapter 147.

“Conversion” means the transaction or process by which one alarm installation company or monitoring company begins the servicing or monitoring of a previously unmonitored alarm system or an alarm system previously serviced or monitored by another alarm company.

“Duress Alarm”, means a silent alarm system signal generated by the entry of a designated code into an arming station in order to signal that the alarm user is being forced to turn off the system and requires law enforcement response.

“Enhanced Call Verification”, is a monitoring procedure requiring that a minimum of two calls be made prior to making an alarm dispatch request. The two calls must be made to different phone numbers where a responsible party can typically be reached. It shall not be required that either call be to the protected premise.

“False Alarm”, means an alarm dispatch request to a law enforcement agency, when the responding law enforcement officer finds no evidence of a criminal offense or attempted criminal offense after having completed a timely investigation of the alarm site that is detailed in writing. A signal activated by unusually severe weather conditions or other causes beyond the control of the alarm user or alarm installation company or a signal activated within 30 days after a new installation of an alarm system does not constitute a false alarm.

“Holdup Alarm”, means a silent alarm signal generated by the manual activation of a device intended to signal a robbery in progress or immediately after it has occurred.

“Law Enforcement Authority”, means the police commissioner, superintendent, sheriff, chief of police, director or other authorized representative of a law enforcement agency.

“License”, means a license issued by the state examiners of electricians, in accordance with chapter 141 and sections 57 to 61, inclusive, of chapter 147 of the general laws, to a person or alarm installation company, to sell, install, maintain, repair, or replace alarm systems.

“Local Alarm System”, means any alarm system, which is not monitored, that annunciates or otherwise indicates an alarm only at the alarm site.

“Monitoring”, means the process by which a monitoring company receives signals from an alarm system and relays an alarm dispatch request to the municipality for the purpose of summoning law enforcement to the alarm site.

“Monitoring Company”, means a person certified as in the business of providing monitoring services in the commonwealth, as a so called central station, and may include any licensed alarm installation company.

“One Plus Duress Alarm”, means the manual activation of a silent alarm signal by entering a code at an arming station that adds one to the last digit of the normal arm/disarm code.

“Other Electronic Means”, is the real-time audio or video surveillance of an alarm site by the monitoring company, by means of devices that permit either the direct, live listening in or viewing of an alarm site or portions thereof.

“Panic Alarm”, means an audible or silent alarm system signal generated by the manual activation of a device intended to signal a life threatening or emergency situation requiring law enforcement response.

“Person”, means an individual, corporation, partnership, association, organization or similar entity.

“Residential”, means a dwelling, consisting of one or more rooms for the permanent use of one or more persons as a space for eating, living, and sleeping, with permanent provisions for cooking and sanitation. A residential dwelling includes one- and two-family attached and detached dwellings, apartments, and condominiums but does not include hotel and motel rooms and guest suites, dormitories, or sleeping rooms in nursing homes.

“Responder”, means an individual capable of reaching and having access to the alarm site, the code to the alarm system, and the authority to approve repairs to the alarm system.

“Suspension of Response”, means the termination of police response to any alarm(s) at a specified alarm site as a result of false alarms or other violation of this chapter, except as provided for in section 7 (a) regarding duress, hold up or panic alarms.

“Takeover”, means the transaction or process by which an alarm user takes over control of an existing alarm system, which was previously controlled by another alarm user.

“Telephone Verification” means an attempt to determine the validity of any alarm signal prior to initiating an alarm dispatch request.

“Unregistered Alarm Site”, means a site that has not complied with alarm user registration requirements as defined in this chapter.

“Video Verification”, means the transfer of video images to the monitoring company reflecting conditions existing at the protected premises at the time an alarm is activated to assist in determining the validity of the alarm signal.

“Zones”, means the capability of an alarm system to separate and report incidents or alarms by initiating device or physical location.

Section 2. Registration Requirement; Application; Fees; Exceptions

(a) A security alarm system may not be installed or operated in this state unless the security alarm system is either installed by an alarm installation company or is installed by the owner or occupant of a residence in his or her residence. Any alarm user may contract with any alarm installation company for the sale, installation, maintenance, repair or service of the alarm system to be installed on the user’s premises; provided however, no permit for the performance of said work shall be issued by any city or town unless the alarm installation company provides proof of required licenses in accordance with chapters 141 and 147 and liability insurance in accordance with section 8 of said chapter 141. Any alarm user may contract with any monitoring company to provide monitoring of the alarm system; provided an alarm response manager is designated by said company to act as the primary contact for the alarm administrator in that jurisdiction. No landlord of a premises demised for commercial or business purposes shall unreasonably withhold or delay consent for the tenant to install security alarm systems within the demised premises.

(b) An alarm user, including any alarm system owned or operated by the city, municipality or political subdivision of the commonwealth, shall not operate or cause to be operated an alarm system at its alarm site without a valid city or municipal alarm registration; provided however, that city, municipal or commonwealth alarm sites shall register without payment of a registration fee. This chapter shall not apply to:

(1) the use of alarm systems by law enforcement personnel for law enforcement purposes;

(2) alarm systems installed in motor vehicles, boats or aircraft not permanently affixed;

(3) persons engaged solely in the manufacture, sale or repair of alarm systems or devices from a fixed location who do not install, maintain, repair or service any alarm system at a user’s premises, or who do not design or plan an alarm system for a specific location;

(4) any electronic supervisory signal that is not transmitted over a public communication system that monitors temperature, humidity or other condition not directly related to the detection of an unauthorized intrusion into a premises or an attempted robbery at a premises;

(5) a fire alarm system; or

(6) an alarm which does not provide audible or visual indication outside of the protected premise and only results in notification to private responders.

(c) A separate alarm registration is required for each alarm site and shall be valid for a period of two (2) years. A registration fee of up to twenty-five dollars shall be paid by the alarm user with submission of a completed alarm registration application to the alarm administrator within ten (10) business days after the alarm system installation or alarm system takeover. The alarm administrator shall notify each alarm user either in writing or electronically of the need to renew at least thirty (30) days prior to the registration expiration date. Failure to renew shall be classified as use of a non-registered alarm system subject to penalties listed in section six (6). A renewal fee of ten (10) dollars shall be payable by alarm users who renew prior to registration expiration.

(d) Upon receipt of a completed alarm registration application and alarm registration fee, the alarm administrator shall register the applicant unless the applicant has:

(1) failed to pay a fine assessed under section 6 of this chapter;

(2) had an alarm registration for the alarm site suspended or revoked, and the

violation causing that suspension or revocation has not been corrected; or

(3) provided any false statement of material fact for the purpose of obtaining an alarm registration.

(e) Each alarm registration application must include the following information:

(1) the name, complete address, including apartment or suite number, and telephone numbers of the person, or representative, who will be the registration holder and be responsible for the proper maintenance and operation of the alarm system and payment of fees and fines assessed under this chapter;

(2) the classification of the alarm site as either residential, including any apartment, condominium, or mobile home, or commercial with a description of the type of business conducted at the commercial alarm site;

(3) for each alarm system located at the alarm site, the classification of the alarm system, including but not limited to burglary, holdup, duress, video or audio surveillance, or panic alarms and for each classification whether such alarm is audible or silent;

(4) mailing, and or billing address, if different from the address of the alarm site;

(5) any dangerous or special conditions present at the alarm site;

(6) names and telephone numbers of at least two individuals who are able and have agreed to: (i) receive notification of an alarm system activation at any time; (ii) respond to the Alarm Site; and (iii) upon request can grant access to the alarm site and deactivate the alarm system if necessary;

(7) the name, address, chapter 141 and chapter 147 license numbers and

telephone number of the alarm installation company, or companies, including

the name of the alarm response manager, performing the alarm system

installation, conversion or takeover and of the alarm installation company, or

person, responsible for providing repair service to the alarm system;

(8) the name, address, and telephone number of the monitoring company

if different from the alarm installation company, including the name of the

alarm response manager for the company;

(9) signed certification from the alarm user stating the following: (i) the date of

the installation, conversion or takeover of the alarm system, whichever is

applicable; (ii) that a set of written operating instructions for the alarm system,

including written guidelines on how to avoid false alarms, including the risks

and benefits of enhanced call verification and enabled ANSI/SIA CP-01

Control Panel Standard panels, have been left with the applicant by the alarm

installation company; and (iii) that the alarm installation company or monitoring

company has trained the applicant in proper use of the alarm system.

(10) that law enforcement response may be influenced by factors including, but

not limited to, the availability of police units, priority of calls, weather conditions,

traffic conditions, emergency conditions, or staffing levels.

(f) An alarm registration number shall be issued for each alarm registration and cannot be transferred or assigned to another person or alarm site. An alarm user shall inform the monitoring company of the alarm registration number assigned and inform the alarm administrator, and the monitoring company, in writing, of any change that alters any of the information listed on the alarm registration application within ten (10) business days of such change.

Section 3. Duties of Alarm User

(a) It shall be the responsibility of an alarm user to:

(1) obtain an alarm registration for the alarm system as required in section 2 and maintain current contact information, as necessary;

(2) maintain the alarm site and the alarm system in a manner that will minimize or eliminate false alarms;

(3) make every reasonable effort to have a responder to the alarm system's location when requested by the law enforcement agency in order to: (i) deactivate an alarm system; (ii) provide access to the alarm site; or (iii) provide alternative security for the alarm site;

(4) not activate an alarm system for any reason other than an occurrence of an event that the alarm system was intended to report; and

(5) where appropriate, instruct employees or others who may have occasion to activate an alarm that alarm systems are to be activated only in emergency situations to summon an immediate police response, including instruction in the operation of setting, activation and resetting of the alarm system.

(b) An alarm user shall be required to have the alarm system adjusted, or cause the alarm system to be adjusted, so that an alarm signal audible on the exterior of an alarm site will sound for no longer than ten (10) minutes after being activated.

(c) An alarm user shall have a licensed alarm installation company inspect the alarm system after two (2) false alarms in a one (1) year period. The alarm administrator may waive a required inspection if he determines that a false alarm(s) could not have been related to a defect or malfunction in the alarm system. After four (4) false alarms within a one (1) year period, the alarm user shall have a licensed alarm installation company provide additional user training, as appropriate, and review a false alarm prevention checklist regarding techniques available to reduce the incidence of false alarm, such as enhanced call verification and ANSI/SIA CP-01 Control Panel Standards. Except for fire, panic, hold-up, duress or medical alarm signals, an alarm user may request in writing that an alarm installation company or monitoring company modify the alarm system to be more false alarm resistant with the implementation of any specific technique(s).

(d) An alarm user shall not use automatic voice dialers.

(e) An alarm user shall maintain at each alarm site, a set of written operating instructions for each alarm system.

Section 4. General Provisions for Alarm Installation Company and Monitoring Company

(a) No person, firm or corporation shall enter into, engage or work at the security system alarm business or occupation of installing, repairing or maintaining security systems, unless such person, firm or corporation shall be licensed by the state examiners of electricians in accordance with chapter 141 and unless such person, firm or corporation shall also be licensed by the commissioner of public safety in accordance with the provisions of sections fifty-seven to sixty-one, inclusive, of chapter 147. For purposes of this chapter, a person is unlicensed if the person does not have the requisite licenses required by chapter 141 and sections fifty-seven to sixty-one, inclusive, of chapter 147 concerning the scope of the work to be performed under the contract with an alarm user. As a matter of public policy, contracts entered into on or after the effective date of this chapter by an unlicensed alarm installation company, shall be unenforceable in law or equity by the unlicensed alarm installation company; and by an uncertified monitoring company, shall be unenforceable in law or equity by the uncertified monitoring company and whereby a person may collect in restitution, no less than all monies paid by a person to said monitoring company.

(b) No alarm system designated to transmit emergency messages directly to the police department shall be worked on, tested or demonstrated without obtaining prior permission from the police chief, his designee or the alarm administrator.

(c) No alarm installation company or monitoring company shall take responsibility for the collection or payment of municipal registration fees or false alarm fines levied against any alarm user.

(d) The alarm installation company shall provide written and oral instructions to each of its alarm users in the proper use and operation of any alarm system installed after the effective date of this chapter. Instructions shall include all information necessary to turn the alarm system on and off and review of an alarm user false alarm prevention checklist to avoid false alarms. No alarm installation company shall install a device to activate a holdup alarm, which is a single action, non-recessed button unless a waiver is granted by the alarm administrator. An alarm administrator may, where appropriate, require the use of alarm control panels which meet the ANSI/SIA CP-01 Control Panel Standard on new installations, panel replacements or upgrades; provided however that no alarm installation company or alarm user shall be required to activate or be prohibited from activating any feature available on said panel, except in accordance with section 10 (b) (3) of this chapter, and no alarm installation company or monitoring company shall be required to utilize enhanced call verification, except in accordance with section 10 (b) (5) of this chapter.

(e) Prior to providing any monitoring services, a monitoring company shall satisfy the certification requirements of the commissioner as provided for in section 14. A monitoring company shall:

(1) report alarm signals by using telephone numbers designated by the alarm administrator;

(2) attempt to determine the validity of any alarm signal prior to initiating an alarm dispatch request, except a duress or holdup alarm activation, before initiating an alarm dispatch request. An exemption or waiver shall be granted by the alarm administrator for specific applications or circumstances.

(3) communicate alarm dispatch requests to the city, municipality or district in a manner and form determined by the alarm administrator;

(4) communicate cancellations to the city, municipality or district in a manner and form determined by the alarm administrator;

(5) communicate any available information regarding location on all alarm signals related to the alarm dispatch request;

(6) communicate the nature of the alarm, including burglary, robbery, panic, duress, silent, audible, interior or perimeter;

(7) after an alarm dispatch request, attempt to advise the law enforcement agency if the monitoring company knows that the alarm user or the responder is on the way to the alarm site;

(8) attempt to contact the alarm user, responder or alarm installation company within 24 hours via mail, fax, telephone or other electronic means when an alarm dispatch request is made; and

(9) upon the effective date of this chapter, a monitoring company must maintain in a secure and confidential manner for a period of no less than one (1) year from the date of the alarm dispatch request, records relating to alarm dispatch requests. Records must include the name, address and telephone number of the alarm user, the alarm system zone(s) activated, the time of alarm dispatch request and evidence of an attempt to determine the validity of any alarm signal prior to initiating an alarm dispatch request. The alarm administrator may make written request for copies of such records for individually named alarm users. If the request is made within sixty (60) days of an alarm dispatch request, the monitoring company shall furnish requested records within three (3) business days of receiving the request. If the records are requested between sixty (60) days to one (1) year after an alarm dispatch request, the monitoring company shall furnish the requested records within thirty (30) days of receiving the request.

(f) An alarm installation company and monitoring company shall designate an individual as the alarm response manager for the company who will manage alarm related issues and act as the point of contact for the alarm administrator. The appointed individual must be knowledgeable of the general provisions of this chapter, as well as have the knowledge and authority to deal with false alarm issues and respond to requests from the alarm administrator. The name, phone number, and email address of the designated alarm response manager must be provided to the alarm administrator by the alarm user upon registration and renewal.

Section 5. General Provisions Relating to Municipalities, Authority of Alarm Administrator, Recordkeeping

(a) This chapter supersedes any local law or ordinance that requires any licensure, registration, certification, training, bonding, or insurance for the performance of security system work regulated and licensed by the commonwealth in accordance with chapter 141 and section 57 to 61 inclusive of chapter 147. This chapter does not preempt local governments from registering or regulating alarm users. A city, municipality or district shall appoint an alarm administrator to issue alarm registrations, notices and renewals, to collect all fees, fines and penalties assessed against any person who violates the provisions of this chapter, to maintain contact lists of any alarm installation company or monitoring company engaged in business in their jurisdiction, to maintain a current alarm dispatch request call number on file with the commissioner and to administer, control and review false alarm reduction efforts in accordance with this chapter. Alarm user registration fees shall be used by the city or municipality for the general administration of this chapter, including the provision of law enforcement responses other than specific responses to false alarms.

(b) Two or more cities or municipalities may vote to form a district and shall appoint an alarm administrator, whose compensation shall be fixed by the district and paid for by each city and municipality comprising such district. A city, municipality or district may designate an alarm advisory board to review false alarm reduction efforts and report recommendations to the alarm administrator.

(1) designate a manner, form and telephone numbers for the

communication of alarm dispatch requests; and

(2) establish a procedure to accept cancellation of alarm dispatch requests.

(d) An alarm administrator shall establish a procedure to record such information on alarm dispatch requests necessary to permit the alarm administrator to maintain records, including, but not limited to, the following information:

(1) identification of the registration number for the alarm site;

(2) identification of the alarm site;

(3) date and time alarm dispatch request was received, including the name of the monitoring company and the monitoring operator name or number;

(4) date and time of law enforcement officer arrival at the alarm site;

(5) zone and zone description, if available;

(6) weather conditions;

(7) name of alarm user's representative at alarm site, if any;

(8) identification of the responsible alarm installation company and monitoring

company;

(9) whether law enforcement officer was unable to locate the address of the alarm

site; and

(10) cause of alarm signal, if known.

(e) An alarm administrator shall establish a procedure for the notification to the alarm user of a false alarm. The notice shall include the following information:

(1) the date and time of law enforcement response to the false alarm;

(2) the identification number of the responding law enforcement officer; and

(3) a statement urging the alarm user to ensure that the alarm system is properly operated, inspected, and serviced in order to avoid false alarms and resulting fines.

(f) An alarm administrator may require a conference with an alarm user and the alarm installation company and monitoring company responsible for the repair or monitoring of the alarm system to review the circumstances of any false alarm. For these purposes, the alarm user’s registration must have a designated alarm installation company and monitoring company contact on record with the alarm administrator. In situations where physical presence of the alarm installation company or monitoring company is not practical, a telephone conference is acceptable.

(g) An alarm administrator may create, implement or identify an alarm user awareness class. An alarm administrator may request the assistance of industry associations, alarm companies and law enforcement agencies in developing and implementing the class. The class shall inform alarm users of the problems created by false alarms and teach alarm users how to avoid generating false alarms.

(h) An alarm administrator may require an alarm user to remove a holdup alarm device that is a single action, non-recessed button, or have it replaced with an acceptable dual-action or recessed device after the occurrence of a false holdup alarm caused by said device, unless corrective action such as maintenance, including but not limited to relocation of said device, or education can prevent further occurrences.

(i) An alarm administrator may require an alarm user to remove the duress or panic alarm capability from their alarm system after the occurrence of a false alarm caused by said device, unless corrective action such as maintenance, including but not limited to relocation of said device, or education can prevent further occurrences.

(j) An alarm administrator shall make a copy of this chapter or a summary sheet of its provisions available to the alarm user upon registration.

(k) No city, municipality, district or political subdivision of this state shall require any other certification, license, insurance policy or registration from any monitoring company duly certified in accordance with this chapter or any alarm installation company engaged within their jurisdiction in licensed security system, including alarm system, business or work as defined in chapter 141 and sections 57 through 61, inclusive, of chapter 147.

(l) An alarm administrator may make inquiry to the commissioner of public safety to confirm the issuance to the alarm installation company of a security system license in accordance with sections 58 and 59 of chapter 147 and to the state examiners of electricians to confirm the issuance to an alarm installation company a certificate A or C in accordance with section three of chapter 141. Any unlicensed person advertising or engaging in this work shall be immediately reported to the commissioner of public safety and the state examiners of electricians and prosecuted to the full extent of the law.

Section 6. Control of Signals Emitted By Alarm Systems; Fines

(a) An alarm user shall not intentionally cause or permit any false alarm. A city or municipality may impose a fine for the signaling of a false alarm by a security alarm system in accordance with the following schedule: (i) fifty dollars if the alarm site has more than three false alarms in the preceding 12-month period, (ii) seventy-five dollars if the alarm site has more than four false alarms in the preceding 12-month period, (iii) one-hundred dollars if the alarm site has more than five false alarms in the preceding 12-month period, (iv) two-hundred dollars if the alarm site has more than six false alarms in the preceding 12-month period, or (v) three-hundred dollars if the alarm site has more than seven false alarms in the preceding 12-month period.

(b) A city, municipality or district may impose a fine of one-hundred dollars for the operation of an unregistered alarm system and any Person operating an unregistered alarm system will be subject to a fine of one hundred dollars for each false alarm, in addition to any other fines. An alarm administrator may waive this additional fine for an unregistered alarm system if the alarm user submits an application for alarm registration within ten (10) days of notification of such violation.

(d) If cancellation of an alarm dispatch request occurs prior to law enforcement arriving at the scene, no false alarm will be assessed.

(e) An alarm installation company shall be assessed a fine of twenty-five dollars if the officer responding to the false alarm determines that an on-site employee of the alarm installation company directly caused the false alarm; provided that the false alarm will not be assessed against the alarm user.

(f) A monitoring company shall be issued a fine of twenty-five dollars for each failure to attempt to determine the validity of any alarm signal prior to initiating an alarm dispatch request, unless an exemption or waiver has been granted for the site.

(g) An alarm installation company or monitoring company shall be issued a fine of fifty dollars if the alarm administrator determines that an alarm installation company or monitoring company employee knowingly made a false statement concerning the inspection of an alarm site or the performance of an alarm system.

(h) An alarm user, alarm installation company or monitoring company shall be deemed harmless and shall not be issued a fine for a response caused by erroneous electronic data that was later determined not to have been issued from the alarm site. Such events, may occur when electronic signals are misinterpreted by alarm receiving equipment, typically are the result of excessive noise or interference in the communications path to the monitoring company and are beyond their control.

(i) Notice of the right of appeal within thirty (30) days under this chapter shall be included in writing with any fines assessed.

Section 7. Notification

(a) An alarm administrator shall notify the alarm user in writing after each false alarm. The notification shall include: the amount of the fine for the false alarm, notice that the alarm user can attend alarm user awareness class to waive a fine, the fact that response will be suspended after the eighth (8^th) false alarm, excluding duress, holdup and panic alarms, and a description of the appeals procedure available to the alarm user.

(b) An alarm administrator shall notify the alarm user and alarm installation company or monitoring company in writing (10) business days before the alarm response is to be suspended. This notice of suspension will also include the amount of the fine for each false alarm and a description of the appeals procedure available to the alarm user and the alarm installation company or monitoring company.

Section 8. Suspension of Response

(a) An alarm administrator may suspend law enforcement response to an alarm site by revoking the alarm registration if it is determined that:

(1) the alarm user has eight (8) or more false alarms in a twelve (12) month period;

(2) there is a statement of a material fact known to be false in the application for a registration;

(3) the alarm user has failed to make timely payment of a fine assessed under Section 6 or fee assessed under Section 2; or

(4) the alarm user has failed to submit a written certification from an alarm installation company, that complies with the requirements of this chapter, stating that the alarm system has been inspected and repaired, if necessary, and additional education on false alarm prevention techniques or training has been conducted by the alarm installation company, as appropriate.

(b) A person commits an offense if said person operates an alarm system either without a valid current registration or during the period in which the alarm registration is revoked, and is subject to enforcement and penalties in this chapter, unless such operation did not result in the notification to a law enforcement agency.

(c) Unless there is separate indication that there is a crime in progress, the law enforcement authority may refuse law enforcement response to an alarm dispatch request at an alarm site for which the alarm registration is revoked.

Section 9. Appeals

(a) If the alarm administrator assesses a fine or denies the issuance, renewal or reinstatement of an alarm registration, the alarm administrator shall send written notice of the action, a statement supporting a rationale for said action and a statement of the right to an appeal to either the affected applicant or alarm user, and the alarm installation company and monitoring company.

(b) The alarm user, alarm installation company or monitoring company may appeal an assessment of a fine or the revocation of an alarm registration to the alarm administrator by setting forth in writing the reasons for the appeal within fifteen (15) business days after notice of the fine, failure to issue or renew, or of revocation.

(c) A person, alarm user, alarm installation company or monitoring company objecting to a decision of the alarm administrator may appeal in accordance with section 21D of chapter 40 of the general laws for resolution of said dispute in district court having jurisdiction in the city, town, or district; provided that such appeal shall be filed in such court within twenty days following receipt of notification by said authority. The court shall hear all pertinent evidence and determine facts and upon the facts so determined annul such action or make such decision as law or equity may require.

(d) Filing of a request for appeal shall stay any action by the alarm administrator and shall stay any deadline requiring payment of a fine, until the law enforcement authority has completed its review. If a request for appeal is not made within the twenty (20) business day period, the action of the alarm administrator is final.

(e) Alarm administrator or law enforcement authority shall adjust the recorded number of false alarms based on:

(1) Evidence that a false alarm was caused by an Act of God;

(2) Evidence that a false alarm was caused by action of the telephone company;

(3) Evidence that a false alarm was caused by a power outage lasting longer than four (4) hours;

(4) Evidence that the alarm dispatch request was not a false alarm;

(5) Evidence that a request by the initiating agency to cancel the dispatch was received by the law enforcement authority prior to the arrival of the law enforcement officer on scene;

(6) Evidence that the law enforcement officer response did not occur or was not completed in a timely fashion;

(7) In determining the number of false alarms, multiple alarms occurring in any twenty-four (24) hour period shall be counted as one false alarm; to allow the alarm user time to take corrective action unless the false alarms are directly caused by the alarm user; or:-

(8) Evidence of good cause by the alarm user, alarm installation company or monitoring company.

Section 10. Reinstatement

(a) A Person whose Alarm Registration has been revoked may, at the discretion of the alarm administrator, have the alarm registration reinstate if the person:

(1) pays a reinstatement fee of fifty dollars;

(2) pays, or otherwise resolves, all outstanding citations and fines;

(3) provides satisfactory evidence to the alarm administrator that the alarm system has been inspected and repaired, as appropriate, by the alarm installation company; and if additional education or training in the proper use of the alarm system was necessary, it was provided by the alarm installation company to an alarm user; and

(4) complies with any district court order.

(b) In addition, the alarm administrator may require one or more of the following as a condition for reinstatement:

(1) proof that an employee of the alarm installation company or monitoring company caused the false alarm;

(2) a certificate showing that the Alarm User has successfully completed the Alarm User Awareness Class;

(3) a written statement from an alarm installation company that the alarm system has been inspected, that the cause has been identified and that appropriate corrective action has been taken, including but not limited to, the required use of select feature(s) on a ANSI/SIA CP-01 Control Panel;

(4) confirmation that motion detectors are of an appropriate type for the environment;

(5) confirmation that the alarm installation company or monitoring company will utilize a procedure referred to as enhanced call verification prior to an alarm dispatch request of a law enforcement agency.

Section 11. Enforcement and Penalties

(a) The alarm administrator and law enforcement authority, shall be charged with the enforcement of this chapter. They shall have all necessary powers to require compliance therewith, including the power to institute and prosecute proceedings in the district court/superior court department of the trial court. All fines, penalties or assessments in actions under this chapter, brought by an alarm administrator, shall be paid to the general fund of the city or municipality in which the violation occurred. The amount distributed under this chapter by an alarm administrator to any city or municipality with a district agreement shall not be less than one hundred percent of the total actually assessed by said city or town.

(b) Except as otherwise provided in this chapter, a person who violates this act is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days or by a fine of not more than $1,000 or both. Any city, municipality, district or political subdivision of the state may seek a criminal complaint in the district court/superior court department of the trial court for a violation of this chapter or for failure to pay the fines assessed, may proceed with non-criminal disposition of the matter in accordance with section 21D of chapter 40 of the General Laws.

Section 12. Confidentiality of Registration information; Licensee’s employees

(a) Notwithstanding any special or general law to the contrary, all information contained in and gathered through the alarm registration applications, records relating to alarm dispatch requests, and applications for appeals shall be held in strict confidence by all employees or representatives of the municipality or district, and by any third-party administrator or employees of a third-party administrator with access to such information.

(b) A violation of this section may give rise to a claim of interference with advantageous relations or interference with contractual relations consistent with section ten (10)(c) of chapter 258 regarding exceptions to public employee indemnification. Furthermore, no city, municipality, district or state agency shall be authorized to request any list of alarm users under contract from any alarm installation company or monitoring company.

(c) Any person who is or has been an employee of a alarm installation company licensee shall not divulge to anyone other than his employer or former employer, or as the employer shall direct, except as he may be required by law, any information acquired by him during his employment in respect to any of the work to which he shall have been assigned by the employer. Any employee violating the provisions of this section and any employee who willfully makes a false report to his employer in respect to any work is guilty of a misdemeanor.

(d) Any employee of an alarm installation company licensee who willfully sells, divulges or otherwise discloses information to other than clients, except as he may be required by law, any information acquired by him or them during employment by the client is guilty of a misdemeanor and shall, at minimum, be subject to immediate suspension of any license issued by the state examiners of electricians and revocation of license upon satisfactory proof of the offense. Such revocation shall be reported by the state examiners of electricians to the commissioner of the department of public safety for an immediate revocation of certificate of clearance.

Section 13. Government Immunity

(a) Alarm Registration shall not create a contract, duty or obligation, either expressed or implied, of law enforcement 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 the general laws is retained. By applying for an alarm registration, the alarm user acknowledges that law enforcement response may be influenced by factors such as: the availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels and prior response history.

(b) City or municipal ordinances in conflict with this chapter are hereby repealed to the extent of such conflict.

Section 14. Duties of Commissioner, Regulations

The commissioner of the department of public safety and each alarm administrator are charged with enforcement of this chapter. The commissioner may make, adopt, amend, repeal and enforce necessary rules and regulations consistent with law and promulgated in accordance with the provisions of chapter thirty A for the proper performance of duties and to assure proper registration, certification or licensure, including compliance with the provisions of sections 57 to 61 inclusive of chapter 147; provided the commissioner may certify a resident agent registered with the secretary of state on behalf of any monitoring company, not already licensed under chapter 147, consistent with said sections 57 to 61 inclusive and shall maintain a registry of each monitoring company so certified or licensed as in satisfactory compliance therewith. The commissioner or his agent shall have the necessary powers to require compliance herewith, including the power to institute and prosecute proceedings in the superior court department of the trial court.

Section 15. Severability

The provisions of this chapter are 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 2. Effective date of Act

Chapter 147A of the General Laws, shall take effect on March 31, 2009, notwithstanding any alarm system not serviced or in operation for more than two years, which shall receive an inspection and where appropriate, service, prior to mandatory alarm user registration on and after March 31, 2009. For a period of 180 days following the effective day of this act, alarm administrators shall tend to the administrative aspects of implementation and issue public notice of said law in lieu of enforcement.