FILED ON: 7/25/2016

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4547

Substituted by the House, on motion of Mr. Speliotis of Danvers, for a bill with the same title (House, No. 4129). July 25, 2016.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

An Act relative to streamlined low-voltage alarm system installation and permitting.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 40 of the General Laws is amended by adding the following section:-

Section 70. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-  

“Contractor”, a person who is qualified to engage in the business of electrical or alarm system contracting pursuant to a certificate or registration issued by the office of consumer affairs and business regulation.

“Low-voltage alarm system project”, a project related to the installation, maintenance, inspection, replacement or service of a new or existing alarm system, as defined in the NFPA 70: National Electrical Code, and ancillary components or equipment attached to a new or existing alarm system including, but not limited to, home-automation equipment, smoke detectors, carbon monoxide detectors, thermostats and video cameras, except equipment primarily used to provide broadband internet services, cable service, as defined by 47 U.S.C. 522(6) or telecommunications services, as defined by 47 U.S.C. 153(53) .

“Unit”, a security system, carbon monoxide detector, or smoke detector, or any combination thereof.

“Wireless alarm system”, a burglar alarm system that is not hardwired. 

“Wireless alarm system project”, a project related to the installation, maintenance, inspection, replacement or service of a burglar alarm system that is not hardwired. 

(b) Notwithstanding any general or special law to the contrary, this section shall apply to all low-voltage alarm system projects for which a permit is required by the local enforcement agency without regard to the date of construction; provided, however,  that nothing in this section shall be construed as requiring a permit to install, maintain, inspect, replace, or service a wireless alarm system, including any ancillary components or equipment attached to the system.

(c) A local enforcement agency shall make uniform basic permit labels available for purchase by a contractor to be used for the installation or replacement of a new or existing alarm system at a cost of not more than $55 per label per project per unit.

(d) A local enforcement agency may not require a contractor to: (i) submit, as a condition of purchasing a label, information other than identification information of the licensee and proof of registration or certification as a contractor; and (ii) secure permits other than a low-voltage alarm system permit for installation of such a system provided that the system complies with the definition of low-voltage alarm system project in subsection (a).

(e) A label shall be valid for 1 year after the date of purchase and may only be used within the jurisdiction of the issuing local enforcement agency. A contractor may purchase labels in bulk for unspecified current or future projects.

(f) A contractor shall post an unused uniform basic permit label in a conspicuous place on the premises of the low-voltage alarm system project site before beginning work on the project.

(g) A contractor shall not be required to notify the local enforcement agency before commencing work on a low-voltage alarm system project; provided, however, that a contractor shall submit a uniform notice of a low-voltage alarm system project or a wireless alarm system project to the local enforcement agency within 14 days of the completion of the project. A local enforcement agency may take disciplinary action against a contractor who fails to timely submit a uniform notice of a low-voltage alarm system project or a wireless alarm system project.

(h) The uniform notice of a low-voltage alarm system project or a wireless alarm system project may be submitted electronically or by facsimile if all submissions are signed by the owner, tenant, contractor or the authorized representative. The uniform notice of a low-voltage alarm system project shall contain the following:

UNIFORM NOTICE OF A LOW-VOLTAGE ALARM SYSTEM PROJECT

Owner’s or Customer’s Name:

Owner’s or Customer’s Address:

City:

State / Zip:

Phone Number:

E-mail Address:

Contractor’s Name:

Contractor’s Address:

City:

State / Zip:

Phone Number:

Contractor’s License Number:

Date Project Completed:

Scope of Work:

Notice is hereby given that a low-voltage alarm system project has been completed at the address specified above. I certify that all of the foregoing information is true and accurate.

(Signature of Owner, Tenant, Contractor, or Authorized Representative)

The uniform notice of a wireless alarm system project shall contain the following:

UNIFORM NOTICE OF A WIRELESS ALARM SYSTEM PROJECT

Owner’s or Customer’s Name:

Owner’s or Customer’s Address:

City:

State / Zip:

Phone Number:

E-mail Address:

Contractor’s Name:

Contractor’s Address:

City:

State / Zip:

Phone Number:

Contractor’s License Number:

Date Project Completed:

Scope of Work:

Notice is hereby given that a wireless alarm system project has been completed at the address specified above. I certify that all of the foregoing information is true and accurate.

(Signature of Owner, Tenant, Contractor, or Authorized Representative)

(i) A low-voltage alarm system project or a wireless alarm system project may be inspected by the local enforcement agency to ensure compliance with applicable codes and standards. If a low-voltage alarm system project or a wireless alarm system project fails an inspection, the contractor shall take corrective action as necessary to pass inspection.

(j) A municipality, county, district or other entity of local government shall not adopt or maintain in effect an ordinance or rule regarding a low-voltage alarm system project that is inconsistent with this section, or require any permits for a low-voltage alarm system project in addition to the uniform low-voltage alarm system permit required by this section.

(k) A uniform basic permit label shall not be required for the subsequent maintenance, inspection or service of an alarm system that was permitted pursuant to this section.

(l) This section shall not apply to the installation or replacement of a fire alarm governed by section 26A or 26C of chapter 148. Nothing in this section shall impose new or additional licensure requirements in residential or commercial premises. 

SECTION 2. (a) A local enforcement agency charging more than $55 but less than $175 for a uniform basic permit label on January 1, 2016 may continue to charge the same amount for a uniform basic permit label issued pursuant to subsection (b) of section 70 of chapter 40 of the General Laws until January 1, 2017.

(b) A local enforcement agency charging more than $175 for a uniform basic permit label on January 1, 2016 may charge a maximum of $175 for a uniform basic permit label issued pursuant to said subsection (b) of said section 70 of said chapter 40 until January 1, 2017.