City may face class action lawsuit
Date: 8/31/2010
Sept. 1, 2010By G. Michael Dobbs
Managing Editor
SPRINGFIELD -- Downtown building owners are considering a class action lawsuit against the city after a ruling that struck down an ordinance requiring buildings to install a specific fire alarm system only available from one contractor.
Although no one would speak for attribution at this time, one building manager told Reminder Publications, "We are not surprised by the ruling."
Superior Court Associate Justice Cornelius Moriarty II found in favor of St. George Greek Orthodox Cathedral of Western Massachusetts in its case against the Springfield Fire Department and the City of Springfield. The decision was dated July 28 and released last week.
City Councilor Timothy Rooke said he would take steps to remove the ordinance and to put forth legislation that would reimburse the difference in cost between the systems that businesses were forced to install and the estimate of the cost of competing systems.
Rooke called the ordinance "very anti-business." The judge's decision was "great news for the business community," he added.
Rooke said the city might have to spend as much as $500,000 in reimbursements.
Mayor Domenic Sarno referred comment to City Solicitor Edward Pikula who said the Law Department would be reviewing the judgment this week.
The ordinance in question superceded the state building code that requires an alarm system linked to fire officials by radio. The state code gives building owners four different options and allows building owners to chose among competing systems and contractors as long as they meet the state's qualifications.
On Nov. 27, 2006, the Finance Control Board adopted the ordinance requiring a "city-approved radio box." Businesses were given until Dec. 31, 2008, to make the switch to the new system. If businesses did not comply they could face a $100 a day fine.
The city then issued a Request for Proposals (RFP) on Nov. 28, 2007, stipulating the wireless alarm boxes "must be Factory Mutual approved for public reporting." Factory Mutual is one of several manufacturers of the wireless technology. The only company carrying the Factory Mutual brand is Wel-Design Alarm Systems of Wilbraham.
According to Rooke, the RFP was advertised for one day and there was only one vendor who could meet the requirements of the RFP -- Wel-Design Alarm Systems.
According to court documents, St. George Greek Orthodox Cathedral received a letter from the city on March 10, 2009 that it must install the designated fire alarm system. In April, the church upgraded its alarm system, but not with the one stipulated by the city. Instead it chose a system that met with state standards.
After an inspection in which the absence of the city approved system was noted, the city sent the church a notice of a $3,000 fine. The church appealed the fine to the State Building Code Appeals Board, which issued a ruling in the church's favor that it was in compliance.
In his ruling Moriarty explained the state code preempts the city ordinance. "In 1972, the legislature eliminated local building codes with the intent of creating a state-wide comprehensive building code applicable to all cities and towns in the Commonwealth," Moriarty wrote.
He added the ordinance "demonstrates a clear expression of legislative intent that cities and towns are prohibited from adopting regulation more restrictive than those prescribed in the Code, absent approval from the [State Building Code] Board. The Legislature has set forth a definite process (which the city has not pursued) by which a city or town may recommend to the Board of a more restrictive standards in a city or town. However, final approval of the adoption of the more restrictive standards rests exclusively with the Board. Without such approval, a city has no authority to enact more stringent requirements."
