Heads up: There are no amended sections in this chapter.

1.1 General Considerations

AMENDMENT
This section has been amended at the state or city level.

This Code shall apply to both new and existing conditions. Unless the provisions of this Code specify that a requirement shall apply to existing occupancies, conditions or systems, an installation completed prior to the effective date of this Code shall be deemed in compliance if the installation was made in accordance with the applicable code in effect at the time of the installation and was "approved" by the AHJ. Notwithstanding the provisions of Section 1.1, if any prior installation or condition exists which constitutes an imminent danger; the AHJ may require compliance with the provisions of this Code.

Applicable Massachusetts General Law and requirements of the 780 CMR: State Building Code also referred herein as the (Building Code) and specialized codes as referenced in Chapter 2 and defined in Chapter 3 shall be adhered to in the design and construction of buildings, structures and equipment. The rules and regulations governed by Massachusetts General Law (M.G.L.) and other regulations of the Building Code or specialized codes are not enforced by the AHJ, as defined in 527 CMR 1.00, but rather the appropriate enforcement official.

1.1.2 Construction Requirements for Buildings and Structures

AMENDMENT
This section has been amended at the state or city level.
Unless regulated by 527 CMR 1.03(1), or as otherwise indicated by specific language, reference or context, any provision of 527 CMR 1.00 or any standard or code referenced in 527 CMR 1.00 relative to construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of buildings or structures or any appurtenances connected or attached to such buildings, shall not be considered a requirement of this Code, but rather a reference to the applicable provisions of the Building Code. Such reference is for the convenience of the reader and shall be subject to the jurisdiction of the appropriate Building Official.

1.1.3 Requirements of Specialized Codes

AMENDMENT
This section has been amended at the state or city level.
Unless otherwise indicated by language, specific reference or context, any provisions of 527 CMR 1.00 or any standard or code referenced in 527 CMR 1.00 relative to the installation, alteration, replacement or repair of any equipment or system subject to the jurisdiction of a specialized code including, but not limited to: plumbing, electrical, sheet metal, or elevator, shall not be considered a requirement of this Code, but rather a reference to the applicable specialized code. Such reference is for the convenience of the reader and shall be subject to the jurisdiction of the appropriate specialized code official.
Notwithstanding the provisions of Section 1.1.2 or 1.1.3, any equipment, system, construction requirement, specification or method relating to fire protection of persons or property within a building, structure, ship or vessel shall be properly maintained and shall continue to perform in accordance with the applicable requirements of the Building Code or applicable specialized code as of the date of such approved installation or construction.

1.3.2* Referenced Standards

AMENDMENT
This section has been amended at the state or city level.

1.3.2.1

AMENDMENT
This section has been amended at the state or city level.
Except as provided in 1.1.2 relative to construction requirements for buildings or structures or 1.1.3, relative to requirements of specialized codes, all codes and standards referenced in 527 CMR 1.00 and listed in Chapter 2, which provide details regarding processes, methods, specifications, equipment testing and maintenance, design standards, performance, installation, or other pertinent criteria, shall be considered as part of this Code.

1.3.2.3

AMENDMENT
This section has been amended at the state or city level.
Nothing herein shall diminish the authority of the AHJ to determine compliance with this Code for those activities or installations, as may be otherwise granted under the authority of the provisions of M.G.L. chs. 22D, 48, 148, 148A or other applicable provisions of Massachusetts Law.

1.3.3 Conflicts

AMENDMENT
This section has been amended at the state or city level.

1.3.3.1

AMENDMENT
This section has been amended at the state or city level.
When a requirement differs between this Code and a referenced document, the requirement of this Code shall apply.

1.3.3.2

AMENDMENT
This section has been amended at the state or city level.
When a conflict between a general requirement and a specific requirement occurs, the specific requirement shall apply.

1.3.3.3

AMENDMENT
This section has been amended at the state or city level.
When the requirements of this Code conflict with any other applicable regulation, or ordinance, the provisions which establish the higher standard for the promotion and protection of safety and welfare shall prevail.

1.3.5 Vehicles and Marine Vessels

AMENDMENT
This section has been amended at the state or city level.
Vehicles and marine vessels, or other similar conveyances, when in fixed locations and occupied as buildings, as described by 11.6 of NFPA 101: Life Safety Code, shall be treated as buildings and comply with this Code.

1.3.6 Buildings and Structures

AMENDMENT
This section has been amended at the state or city level.

1.3.6.1

AMENDMENT
This section has been amended at the state or city level.
Buildings, structures, additions, and alterations permitted for construction after the adoption of this Code shall comply with the provisions stated herein for new buildings.

1.3.6.2*

AMENDMENT
This section has been amended at the state or city level.
Except as provided in 10.3.2, buildings in existence or permitted for construction prior to the adoption of this Code shall comply with the provisions stated herein or referenced for existing buildings.

1.3.6.3

AMENDMENT
This section has been amended at the state or city level.
Repairs renovations, alterations, reconstruction, change of occupancy, and additions to buildings shall conform to this Code, and the Building Code and applicable specialized codes as authorized by M.G.L. c. 143, §96.

1.3.6.4

AMENDMENT
This section has been amended at the state or city level.
Newly introduced equipment, materials, processes and operations regulated by this Code shall comply with the requirements for this Code.

1.3.7 Severability

AMENDMENT
This section has been amended at the state or city level.
If any provision of this Code or the application thereof to any person or circumstance is held invalid, the remainder of the Code and the application of such provision to other persons or circumstances shall not be affected thereby.

1.4 Equivalencies, Alternatives, and Modifications

AMENDMENT
This section has been amended at the state or city level.
The provisions of this Code shall not prevent the use of equivalencies, alternatives or modifications unless specifically prohibited herein.

1.4.1 Equivalencies

AMENDMENT
This section has been amended at the state or city level.
Nothing in this Code is intended to prevent the use of systems, methods, or devices of equivalent or superior quality, strength, fire resistance, effectiveness, durability, and safety to those prescribed by this Code, provided technical documentation is submitted to the AHJ in writing to demonstrate equivalency and the system, method, or device is approved for the intended purpose.

1.4.2 Alternatives

AMENDMENT
This section has been amended at the state or city level.
The specific requirements of this Code shall be permitted to be altered by the AHJ upon application in writing to allow alternative methods that will secure equivalent fire safety, but in no case shall the alternative afford less fire safety, in the judgment of the AHJ, which would be provided by compliance with the provisions contained in this Code.

1.4.3 Modifications

AMENDMENT
This section has been amended at the state or city level.
The AHJ is authorized to modify any of the provisions of this Code upon application in writing by the owner, a lessee or a duly authorized representative where there are practical difficulties in the way of carrying out the provisions of this Code, provided that the intent of the Building Code be complied with and public safety is secured.

1.4.4

AMENDMENT
This section has been amended at the state or city level.
Buildings with equivalency, alternatives, or modifications approved by the AHJ shall be considered as conforming with this Code.

1.4.5

AMENDMENT
This section has been amended at the state or city level.
Each application for an alternative system, method or device regulated by this Code shall be filed with the AHJ in writing and shall be accompanied by such evidence, letters, statements, results of tests, or other supporting information as required to justify the request. The AHJ shall keep a record of actions on such applications together with the information that supported the action, and a signed copy of the AHJ's decision shall be provided to the applicant.

1.4.6 Approval

AMENDMENT
This section has been amended at the state or city level.
Where allowed by this Code, the AHJ shall approve such alternative, systems, materials, or methods of design when it is substantiated that the standards of this Code are at least equaled. If, in the opinion of the AHJ, the standards of this Code shall not be equaled by the alternative requested, approval for permanent work shall be refused. Consideration shall be given to test or prototype installations.

1.4.7 Tests

AMENDMENT
This section has been amended at the state or city level.

1.4.7.1

AMENDMENT
This section has been amended at the state or city level.
Whenever evidence of compliance with the requirements of this Code is insufficient or evidence that any material or method does not conform to the requirements of this Code or to substantiate claims for alternative, equivalent or modifications to systems, materials, or methods, the AHJ shall be permitted to require tests for proof of compliance to be made at the expense of the owner or his or her agent.

1.4.7.2

AMENDMENT
This section has been amended at the state or city level.
Test methods shall be as specified by this Code for the material in question. If appropriate test methods are not specified in this Code, the AHJ is authorized to accept an applicable test procedure from another recognized source.

1.4.7.3

AMENDMENT
This section has been amended at the state or city level.
Copies of the results of all such tests shall be retained in accordance with Section 1.11.

1.5 Units

AMENDMENT
This section has been amended at the state or city level.

1.5.1 International System of Units

AMENDMENT
This section has been amended at the state or city level.
Metric units of measurement in this Code are in accordance with the modernized metric system, known as the International System of Units (SI).

1.5.2 Primary and Equivalent Values

AMENDMENT
This section has been amended at the state or city level.
If a value for a measurement as given in this Code is followed by an equivalent value in other units, the first stated value shall be regarded as the requirement. A given equivalent value could be approximate.

1.6 Enforcement

AMENDMENT
This section has been amended at the state or city level.
This Code shall be administered and enforced by the AHJ.

1.7 Authority

AMENDMENT
This section has been amended at the state or city level.

1.7.1 Administration

AMENDMENT
This section has been amended at the state or city level.
The provisions of this Code shall apply without restriction, unless specifically exempted.

1.7.3 Interpretations

AMENDMENT
This section has been amended at the state or city level.

1.7.3.1

AMENDMENT
This section has been amended at the state or city level.
Upon a written request of any interested person the Board of Fire Prevention Regulations may render written advisory rulings and interpretations of this Code, pursuant to the provisions of M.G.L. c. 30A, § 8.

1.7.4 Enforcement Assistance

AMENDMENT
This section has been amended at the state or city level.
Police and other enforcement agencies shall have authority to render necessary assistance in the enforcement of this Code when requested to do so by the AHJ.

1.7.5 Delegation of Authority

AMENDMENT
This section has been amended at the state or city level.
The AHJ may delegate to other qualified individuals such powers as necessary for the administration and enforcement of this Code as provided in M.G.L. c. 148.

1.7.7 Inspections

AMENDMENT
This section has been amended at the state or city level.

1.7.7.1

AMENDMENT
This section has been amended at the state or city level.
To the full extent allowed by the provisions of M.G.L. c. 148, the AHJ shall be authorized to inspect, at all reasonable times, any building or premises for dangerous or hazardous conditions or materials in order to determine compliance with this Code.

1.7.7.1.1 Coordinated Inspections

AMENDMENT
This section has been amended at the state or city level.
In circumstances involving compliance with two or more Massachusetts codes including, but not limited to, the Building Code, Uniform State Plumbing Code, Massachusetts Electrical Code (Amendments), Elevator Code and Sheet Metal Code, the AHJ, while enforcing this Code shall, to the extent as reasonably practicable, coordinate inspections so that owners and occupants of a building or structure shall not be subjected to visits by numerous inspectors nor multiple or conflicting orders.

1.7.7.1.2 Notification to Other Officials

AMENDMENT
This section has been amended at the state or city level.
Whenever the AHJ observes an apparent or actual violation of some provision of law, ordinance, code or by law not within the AHJ's authority, the AHJ shall report the findings to the appropriate code official having jurisdiction to enforce said law, ordinance, code or bylaw.

1.7.7.2

AMENDMENT
This section has been amended at the state or city level.
The AHJ shall have authority to order, in writing, any person(s) to remove or remedy any dangerous or hazardous condition or material as provided in M.G.L. c. 148 and this Code.

1.7.7.3

AMENDMENT
This section has been amended at the state or city level.
The AHJ engaged in fire prevention and inspection work shall be authorized at all reasonable times to enter and examine any building, structure, marine vessel, vehicle, or premises for the purpose of making fire safety inspections, to the full extent allowed by the provisions of M.G.L. c. 148 and this Code.

1.7.7.4

AMENDMENT
This section has been amended at the state or city level.
Before entering, the AHJ shall obtain the consent of the occupant thereof or obtain a proper warrant authorizing entry for the purpose of inspection, except where an emergency exists, or as otherwise permitted by law.

1.7.7.4.1

AMENDMENT
This section has been amended at the state or city level.
The applicant for any permit, certificate or license issued pursuant to the provisions of this Code or M.G.L. c. 148, or any person who seeks to renew or continue to hold such permit, certificate or license, shall be deemed to have consented to the inspection, at any reasonable hour, of any documents, premises, structure, marine vessel, building or vehicle reasonably associated with said permit, license or certificate, or application or renewal thereof, in order to confirm compliance with the requirements of this Code, M.G.L. c. 148 or other related law or regulation related to such permit, license or certificate.

1.7.7.5

AMENDMENT
This section has been amended at the state or city level.
As used in 1.7.7.4, emergency shall mean conditions or circumstances that the AHJ knows, or has reason to believe, exist and that can constitute imminent danger.

1.7.8 Imminent Danger Conditions

AMENDMENT
This section has been amended at the state or city level.
Where conditions exist and are deemed to be an imminent danger by the AHJ, the AHJ shall have the authority to abate or require abatement of such conditions that are in violation of this Code or M.G.L. c. 148.

1.7.9 Interference With Enforcement

AMENDMENT
This section has been amended at the state or city level.
No person shall interfere or cause conditions that would interfere with an AHJ carrying out any duties or functions prescribed by this Code.

1.7.10 Impersonation

AMENDMENT
This section has been amended at the state or city level.
Persons shall not use a badge, uniform, or other credentials to impersonate the AHJ.

1.7.12 Plans and Specifications

AMENDMENT
This section has been amended at the state or city level.

1.7.12.1

AMENDMENT
This section has been amended at the state or city level.
The AHJ shall have the authority to require plans and specifications to ensure compliance with this Code and M.G.L. c. 148. Construction documents and shop drawings submitted shall be acted upon before work commences and within 30 days of the date of receipt of a completed application and construction documents unless extended by the AHJ.

1.7.13 Inspection of Construction and Installation

AMENDMENT
This section has been amended at the state or city level.

1.7.13.1

AMENDMENT
This section has been amended at the state or city level.
The AHJ shall be notified by the person performing the work when the installation is ready for a required inspection.

1.7.13.2

AMENDMENT
This section has been amended at the state or city level.
Whenever any installation subject to inspection prior to use is covered or concealed without having first been inspected, the AHJ shall have the authority to require that such work be exposed for inspection.

1.7.13.3

AMENDMENT
This section has been amended at the state or city level.
When any construction or installation work is being performed in violation of the plans and specifications as approved by the AHJ, a written notice shall be issued to the responsible party to stop work on that portion of the work that is in violation.

1.7.13.4

AMENDMENT
This section has been amended at the state or city level.
The notice of violation shall identify the violation together with the Section of this Code in violation.

1.7.13.5

AMENDMENT
This section has been amended at the state or city level.
The AHJ may issue a stop work order at which time the work shall not continue until the violation has been corrected

1.7.13.5.1

AMENDMENT
This section has been amended at the state or city level.
A stop work order, if issued, shall be incorporated with the notice of violation.

1.7.14 Certificate of Occupancy

AMENDMENT
This section has been amended at the state or city level.
When the Building Code requires a certificate of occupancy, the certificate of occupancy shall be issued in accordance with the Building Code.

1.7.15 Stop Work Order

AMENDMENT
This section has been amended at the state or city level.
AHJ shall have the authority to order an operation, construction or use stopped when any of the following conditions exist:
  1. Work is being done contrary to provisions of this Code.
  2. Work is occurring without a permit required by Section 1.12.
  3. An imminent danger has been created.

1.7.16 Imminent Dangers and Evacuation

AMENDMENT
This section has been amended at the state or city level.

1.7.16.1

AMENDMENT
This section has been amended at the state or city level.
Whenever the maintenance, operation, or use of any land, building, structure, material or other object, or any part thereof, including vehicles used in the transport of hazardous materials, constitutes an imminent danger or a fire or explosion hazard which is dangerous or unsafe, or a menace to the public safety (including, but not limited to, fires, explosions, hazardous material incidents, motor vehicle accidents, structural collapses, mass casualty incidents and emergency extrication incidents) and the action to be taken to eliminate such dangerous or unsafe condition which create, or tend to create, the same is not specifically provided for in this Code, and unless otherwise prohibited by law, ordinance, by-law, or regulation, the AHJ is hereby authorized and empowered to take such action as may be necessary to abate such dangerous or unsafe conditions (directing employees of other city or town departments and agencies), including the evacuation of buildings and/or the transport of hazardous materials, the speed, routes, amounts, and hours of transport through the city, town or district shall also be regulated.

1.7.18 Public Fire Education

AMENDMENT
This section has been amended at the state or city level.

1.7.18.1

AMENDMENT
This section has been amended at the state or city level.
The AHJ shall have the authority to develop and implement a public fire safety education program as deemed necessary for the general welfare with respect to the potential fire hazards within the jurisdiction.

1.7.18.2

AMENDMENT
This section has been amended at the state or city level.
The AHJ shall have the authority to ensure duly authorized public fire safety education programs or public fire safety messages are disseminated to the general public.

1.10 Fire Prevention Regulations Appeals Board

AMENDMENT
This section has been amended at the state or city level.

1.10.1

AMENDMENT
This section has been amended at the state or city level.
Establishment and Membership of the Fire Prevention Regulations Appeals Board.
  1. Pursuant to the provisions of M.G.L. c. 22D, § 5, there shall be a Fire Prevention Regulations Appeals Board.
  2. The Appeals Board shall consist of the 16 members of the Board of Fire Prevention Regulations, established under M.G.L c. 22D, § 4.
  3. The Chairman of the Board of Fire Prevention Regulations shall serve as the chairman of the Appeals Board.

1.10.1.1 Authority of the Fire Prevention Regulations Appeals Board

AMENDMENT
This section has been amended at the state or city level.
The Fire Prevention Regulations Appeals Board is authorized to conduct appeals pursuant to the provisions of M.G.L. c. 22D, § 5.
  1. Whoever is aggrieved by any act, rule, order, directive, decision or requirement of the AHJ charged with the enforcement of this Code, relative to the fire protection requirements for buildings or structures, may submit an application for an appeal to the Appeals Board within 45 days following the service of notice of such act, rule, order, decision, requirement or directive.

1.10.1.2 Matters Not Within the Jurisdiction of the Appeals Board

AMENDMENT
This section has been amended at the state or city level.
The Appeals Board does not have jurisdiction to hear appeals relating to the following matters:
  1. Matters arising out of construction or installation requirements of the Building Code, (Building Code Appeals Board, M.G.L. c. 143, § 100);
  2. Matters arising out of the enforcement of the statutory enhanced automatic sprinkler provisions of M.G.L. c. 148, § 26A1/2, 26G, 26G1/2, or 26H (Automatic Sprinkler Appeals Board, M.G.L. c. 6, § 201);
  3. Matters arising out of an appeal of a determination of the municipal wiring inspector and/or involving the application of Massachusetts Electrical Code (Amendments), (Board of Electrician's Appeal, M.G.L. c. 143, § 3P);
  4. Matters arising out the issuance of a "Non-Criminal Fire Code Violation Notice" issued under the civil enforcement provisions of M.G.L. c. 148A;
  5. Matters arising out of the enforcement of a violation of any statute, including the provisions of M.G.L. c. 148 or arising out of any Order issued by the Head of the Fire Department or the State Fire Marshal relating to the abatement of a condition that constitutes a fire or explosion hazard or which is dangerous or unsafe or a menace to public safety (M.G.L. c. 148, § 5);
  6. Administrative matters initiated by the State Fire Marshal relating to the suspension, revocation or refusal to issue any certificate of competency or user's certificate issued by the State Fire Marshal;
  7. Matters arising out of the AHJ's determination to suspend, revoke, issue or renew any permit based upon the exercise of discretionary function rather than a technical fire protection requirement of this Code; and
  8. Matters arising out of the enforcement of a city ordinance or town by-law or regulation promulgated or adopted by the municipality.

1.10.1.3 Means of Appeal

AMENDMENT
This section has been amended at the state or city level.
Application for an appeal shall be made, within 45 days following the service of notice of such act, rule, order, decision, requirement or directive which is the subject of the appeal on forms prescribed or approved by the Appeals Board.

1.10.1.3.1

AMENDMENT
This section has been amended at the state or city level.
Such application shall be accompanied by the required fee and include copies of all records, references, reports and other information related to the appeal.

1.10.1.3.2

AMENDMENT
This section has been amended at the state or city level.
An appeal shall stay all proceedings in the furtherance of the action or failure to act which is the subject of the appeal, unless the AHJ presents evidence that a stay would cause imminent peril of life or property.

1.10.1.4 Appeals Board Hearings

AMENDMENT
This section has been amended at the state or city level.
The Chairman of the Appeals Board shall designate three members of the Appeals Board to hold public hearings, hear testimony and take evidence.

1.10.1.4.1

AMENDMENT
This section has been amended at the state or city level.
The Appeals Board shall not be bound by the strict rules of evidence prevailing in courts of law or equity.

1.10.1.4.2

AMENDMENT
This section has been amended at the state or city level.
The chairman shall fix the time and place for hearings and a hearing shall take place not later than 60 days following the filing of an appeal, unless such time is extended by agreement with the appellant.

1.10.1.4.3

AMENDMENT
This section has been amended at the state or city level.
The chairman shall give at least ten days notice of the time and place of the hearing to all interested parties. Any party may appear in person, by agent or by attorney at the hearing.

1.10.1.5 Appeals Board Decisions

AMENDMENT
This section has been amended at the state or city level.
The three members of the Appeals Board conducting the hearing shall decide the appeal and issue a written decision. Every decision shall require the concurrence of at least two of the three members and the written decision shall state findings of fact, conclusions and reasons for the decision and indicate the vote of each member participating in the decision.

1.10.1.5.1

AMENDMENT
This section has been amended at the state or city level.
The Appeals Board shall issue a decision or order reversing, affirming or modifying, in whole or in part, such interpretation, order or decision, or a postponement of the application thereof, within 45 days following the hearing, unless such time is extended by agreement with the appellant.

1.10.1.5.2

AMENDMENT
This section has been amended at the state or city level.
The Appeals Board may grant a variance from any provision of this Code and related rules and regulations in any particular case determine the suitability of alternate materials or methods of compliance and provide reasonable interpretations of this Code consistent with the purpose thereof.

1.10.1.6 Record of Appeals Board Decisions

AMENDMENT
This section has been amended at the state or city level.
A record of all Appeals Board decisions and of votes thereunder, properly indexed, shall be maintained in the office of the Department of Fire Services and shall be open to public inspection at all times during regular business hours.

1.11 Records and Reports

AMENDMENT
This section has been amended at the state or city level.

1.11.1

AMENDMENT
This section has been amended at the state or city level.
A record of examinations, approvals, equivalencies, modifications and alternatives shall be maintained by the AHJ and shall be available for public inspection in accordance with provisions of the applicable Massachusetts Public Records Laws.

1.11.2

AMENDMENT
This section has been amended at the state or city level.
In accordance with the provisions of the applicable Massachusetts Public Records Laws, the AHJ shall keep records of fire prevention inspections or investigations, including the date of inspections and a summary of violations found to exist, the date of the services of notices, and a record of the final disposition of all violations.

1.11.3 Emergency Response Records

AMENDMENT
This section has been amended at the state or city level.

1.11.3.2

AMENDMENT
This section has been amended at the state or city level.
The fire department shall report all incident data collected in accordance with the provisions of Massachusetts General Law, including M.G.L. c. 6A, § 183/4(8) and M.G.L. 148, §§ 2 and 3.

1.11.4

AMENDMENT
This section has been amended at the state or city level.
All records shall be retained in accordance with the manner and duration required by the Massachusetts Public Records Law.

1.12 Permits and Approvals

AMENDMENT
This section has been amended at the state or city level.

1.12.1

AMENDMENT
This section has been amended at the state or city level.
An application for permit shall be made in writing on a form acceptable by the State Fire Marshal and submitted to the applicable enforcement AHJ. Such application shall be legible and completed in its entirety.

1.12.1.2

AMENDMENT
This section has been amended at the state or city level.
The AHJ shall be authorized to issue permits and approvals as required by this Code.

1.12.1.3

AMENDMENT
This section has been amended at the state or city level.
Persons named in the permit shall comply with this Code.

1.12.2

AMENDMENT
This section has been amended at the state or city level.
Applications for permits shall be accompanied by such data as required by the AHJ and such fees as required by Massachusetts General Laws.

1.12.2.1

AMENDMENT
This section has been amended at the state or city level.
The AHJ shall review all applications submitted and issue permits as required.

1.12.2.2

AMENDMENT
This section has been amended at the state or city level.
If an application for a permit is rejected by the AHJ, a written notification shall be sent to the applicant as to the reasons for such rejection.

1.12.2.3

AMENDMENT
This section has been amended at the state or city level.
Permits for activities requiring evidence of financial responsibility by the jurisdiction shall not be issued, unless proof of any required financial responsibility is furnished.

1.12.3 Conditions of Approval

AMENDMENT
This section has been amended at the state or city level.

1.12.3.1

AMENDMENT
This section has been amended at the state or city level.
Any conditions of the approval by the AHJ of a permit shall remain with said permit, unless modified by the AHJ.

1.12.3.2

AMENDMENT
This section has been amended at the state or city level.
The AHJ shall be permitted to require conditions of approval to be memorialized via recording on the permit or, if relating to land or buildings, at the appropriate registry of deeds.

1.12.4 Approvals by Other Authorities

AMENDMENT
This section has been amended at the state or city level.

1.12.4.1

AMENDMENT
This section has been amended at the state or city level.
The AHJ shall have the authority to require evidence to show that other regulatory agencies having jurisdiction over the design, construction, alteration, repair, equipment, maintenance, process, activity and relocation of structures have issued appropriate approvals.

1.12.4.2

AMENDMENT
This section has been amended at the state or city level.
The AHJ shall not be held responsible for enforcement of the regulations of such other regulatory agencies unless specifically mandated to enforce those agencies' regulations.

1.12.5 Misrepresentation

AMENDMENT
This section has been amended at the state or city level.

1.12.5.1

AMENDMENT
This section has been amended at the state or city level.
Any attempt to misrepresent or otherwise deliberately or knowingly design, install, service, maintain, operate, sell, represent for sale, falsify records, reports, or applications; or other related activity in violation of the requirements prescribed by this Code shall be a violation of this Code.

1.12.5.1.1

AMENDMENT
This section has been amended at the state or city level.
The installation or use, in any building, of any device or object that reasonably appears to be a smoke detector, sprinkler head, carbon monoxide alarm, heat detector, or any similar device, used for life safety or fire protection, that is in fact, neither designed nor capable of performing such life safety or fire protection function, shall be prohibited.

1.12.5.2

AMENDMENT
This section has been amended at the state or city level.
Such violations shall be cause for immediate suspension or revocation of any related approvals or permits issued.

1.12.5.3

AMENDMENT
This section has been amended at the state or city level.
Such violations shall be subject to any other criminal or civil penalties provided by the laws or other applicable regulations of the Commonwealth of Massachusetts.

1.12.6 Permits

AMENDMENT
This section has been amended at the state or city level.

1.12.6.1

AMENDMENT
This section has been amended at the state or city level.
A permit shall be conditioned upon the continued compliance with the requirements of this Code and shall constitute written authority issued by the AHJ to maintain, store, use, or handle materials; to conduct processes that could produce conditions hazardous to life or property; or to install equipment used in connection with such activities, or as authorized by this Code.

1.12.6.1.1

AMENDMENT
This section has been amended at the state or city level.
Unless specifically stated otherwise, permits required in Section 1.12.8 shall be issued by the AHJ and issued as a precondition before conducting any work or activity regulated under the provisions of this Code.

1.12.6.2

AMENDMENT
This section has been amended at the state or city level.
Any permit issued under this Code is in addition to, and shall not take the place of any other approval, certificate, license, or permit required by any other regulations or laws.

1.12.6.3

AMENDMENT
This section has been amended at the state or city level.
Where additional permits or approvals are required by other agencies, approval shall be obtained from those other agencies.

1.12.6.4

AMENDMENT
This section has been amended at the state or city level.
The AHJ shall have the authority to require or conduct an inspection prior to the issuance of a permit.

1.12.6.5

AMENDMENT
This section has been amended at the state or city level.
A permit issued under this Code shall remain valid for the period of time designated on the permit unless suspended, revoked or otherwise extended pursuant to Section 1.12.6.8.

1.12.6.6

AMENDMENT
This section has been amended at the state or city level.
The permit shall be issued to one person or business only and shall be limited to locations or purposes described in the permit.

1.12.6.7

AMENDMENT
This section has been amended at the state or city level.
Any change that affects any of the conditions of the permit shall require a new or amended permit.

1.12.6.8

AMENDMENT
This section has been amended at the state or city level.
The AHJ shall have the authority to grant an extension of the permit time period upon presentation by the permittee of a satisfactory reason for failure to start or complete the work or activity authorized by the permit.

1.12.6.9

AMENDMENT
This section has been amended at the state or city level.
A copy of the permit shall be posted or otherwise readily accessible at each place of operation and shall be subject to inspection as specified by the AHJ.

1.12.6.10

AMENDMENT
This section has been amended at the state or city level.
Any activity authorized by any permit issued under this Code shall be conducted by the permittee or the permittee's agents or employees, in compliance with all requirements of this Code applicable thereto and in accordance with the approved plans and specifications.

1.12.6.11

AMENDMENT
This section has been amended at the state or city level.
No permit issued under this Code shall be interpreted to justify a violation of any provision of this Code any other applicable law or regulation.

1.12.6.12

AMENDMENT
This section has been amended at the state or city level.
Any addition or alteration of approved plans or specifications shall be approved in advance by the AHJ, as evidenced by the issuance of a new or amended permit.

1.12.6.13

AMENDMENT
This section has been amended at the state or city level.
Permits shall bear the name and signature of the AHJ or that of the AHJ's designated representative. In addition, the permit shall indicate the following:
  1. Operation or activities for which the permit is issued;
  2. Address or location where the operation or activity is to be conducted;
  3. Name of the owner, with the address and phone number and the name of the installer, with the address and phone number, if applicable;
  4. Permit number;
  5. Period of validity of the permit;
  6. Inspection requirements and other permit conditions;
  7. Name of the agency authorizing the permit (AHJ);
  8. Date of Issuance;
  9. Quantities of materials to be kept, used or stored, as applicable;
  10. Certificate, and/or license issued under M.G.L. c. 148, § 13, as applicable;
  11. Permit conditions as determined by the AHJ.

1.12.6.14

AMENDMENT
This section has been amended at the state or city level.
Any application for, or acceptance of, any permit requested or issued pursuant to this Code shall constitute agreement and consent by the person making the application or accepting the permit, to allow the AHJ to enter the premises at any reasonable time to conduct such inspections or review such records as required by this Code.

1.12.7 Revocation or Suspension of Permits and Approvals

AMENDMENT
This section has been amended at the state or city level.

1.12.7.1

AMENDMENT
This section has been amended at the state or city level.
The AHJ shall be permitted to revoke or suspend a permit or approval issued by said AHJ if any violation of this Code or of M.G.L. c. 148 is found upon inspection or if any false statements or misrepresentations have been submitted in the permit application or plans on which the permit or approval was based.

1.12.7.2

AMENDMENT
This section has been amended at the state or city level.
Revocation or suspension shall be constituted when the permittee is duly notified by the AHJ.

1.12.7.3

AMENDMENT
This section has been amended at the state or city level.
Any person who continues to engage in any permitted or approved business, operation, occupation, or uses any premises, after the permit or approval has been suspended or revoked pursuant to the provisions of this Code and before such suspended permit or approval has been reinstated or a new permit or approval is issued, shall be in violation of this Code.

1.12.8* General Requirements

AMENDMENT
This section has been amended at the state or city level.
A permit and an application for permit shall be required as prescribed in 1.12.8. No work or activities described in this Section shall commence without first complying with Section 1.12 and the applicable Table in 1.12.8.

A.1.12.8 See M.G.L. c. 148, § 10A regarding heads of fire departments, permits, inspections, and M.G.L. c. 148, § 23 regarding the keeping and use of flammable fluids, permit, and M.G.L. c. 148, § 24 regarding keeping and handling of fire menace material.
Table 1.12.8.1 shall apply to Chapter 10, entitled General Safety Requirement. A permit shall be used, completed, required and issued as a precondition before conducting any work/activity described by Table 1.12.8.1.
Table 1.12.8.1* Permits Required
Chapter 10 General Requirements
Work/Activity Issuing Authority Code Section
*Open Air Burning, see Annex Forest Warden 10.10.1
*Ceremonial Bonfires, see Annex Head of Fire Department  10.10.4.1.1
Open Flame (heat producing) devices 10.10.1
10.10.9.1
Storage of combustible materials 10.15.1.2
10.15.2.1
10.18.2
Fumigation and insecticidal fogging 10.20.1
*Use of canine guards, see Annex 10.21.1

ATable 1.12.8.1(1) See M.G.L. c. 48, § 13, regarding open fires granted by the forest warden or chief of the fire department in cities, towns and districts.

ATable 1.12.8.1(2) See M.G.L. c. 111, § 142 G, regarding the burning of Christmas trees and; M.G.L. c. 111, § 142H regarding, ceremonial bonfires; permits and M.G.L. c. 111, § 142I regarding, bonfires from July 2nd through July 6th.

ATable 1.12.8.1(6) See M.G.L. c. 148, § 28B regarding, buildings with canine guards.

1.12.8.1.1

AMENDMENT
This section has been amended at the state or city level.
Permit holder shall be present at such burning to control the fire until it is entirely extinguished.

1.12.8.1.2

AMENDMENT
This section has been amended at the state or city level.
Open air burning permits required by Sections 10.10.1, 10.10.4.1.1, and 10.10.4.1.2 shall be issued for a period not exceeding two days from the date of the permit.

1.12.8.1.3 Removal of Paint Using a Torch

AMENDMENT
This section has been amended at the state or city level.

1.12.8.1.3.1 Permit

AMENDMENT
This section has been amended at the state or city level.
A permit shall be required for the use of a torch or other flame or heat producing device for the removal of paint or the application or removal of roofing material from any building or structure. An approved fire extinguisher or an adequate water supply shall be readily available at all times.

1.12.8.2

AMENDMENT
This section has been amended at the state or city level.
Table 1.12.8.2 shall apply to Chapter 11, entitled Building Services. Except as permitted by 1.12.8.2.1, and by Table 1.12.8.50 for heating appliances, on a form approved by the State Fire Marshal, a permit shall be used, completed, required and issued as a precondition before conducting any work/activity by Table 1.12.8.2.
Table 1.12.8.2* Permits Required
Chapter 11 Oil Burners and Fuel-oil
Work/Activity Issuing Authority Code Section
*Installation or alteration of any fuel oil burning equipment.
!Oil-line upgrade
Head of Fire Department 11.5.1.8
Storage of acceptable liquid fuel   11.5.1.10
*Installation, removal, or replacement of a fuel storage tank, unless provided otherwise in NFPA Chapter 66     

ATable 1.12.8.2(1) See M.G.L. c. 148, § 10A regarding, heads of fire departments; permits; inspections and; M.G.L. c. 148, § 10C regarding the alteration, repair or installation of oil burners; necessity of certificate; exceptions and; M.G.L. c. 148, § 38J regarding, residential property utilizing heating oil tanks; safety requirements; inspection; certification.

ATable 1.12.8.2(2) See M.G.L. c. 148, § 10A regarding, heads of fire departments; permits; inspections and; M.G.L. c. 148, 10C regarding, the alteration, repair or installation of oil burners; necessity of certificate; exceptions.

ATable 1.12.8.2(3) See M.G.L. c. 148 § 10A regarding, heads of fire departments; permits; inspections and; M.G.L. c. 148, § 23 regarding the keeping and use of inflammable fluids; permit and; M.G.L. c. 148, § 4 regarding, the keeping and handling of fire menace material; See M.G.L. c. 148, § 37 regarding, tanks more than 10,000 gallons used to store fluids other than water; permits; violation of statue or regulation and; annual inspections and Chapter 66 of NFPA 1.

1.12.8.2.1 Heating Appliances

AMENDMENT
This section has been amended at the state or city level.
  1. A permit shall not be required for routine maintenance, such as the replacement of nozzles, ignition electrodes, or filters; and
  2. If an installation is made under emergency conditions, an application for a permit shall be required within 24 hours thereafter, excluding Saturdays, Sundays and legal holidays.

1.12.8.2.1.2 Inspection

AMENDMENT
This section has been amended at the state or city level.

1.12.8.2.1.2.1

AMENDMENT
This section has been amended at the state or city level.
If after 30 days, an inspection is not conducted, the delivery of fuel oil shall not be prohibited for lack of a permit to store.

1.12.8.3 Smoke, Fire and Carbon Monoxide Protection Systems. [Chapter 13]

AMENDMENT
This section has been amended at the state or city level.
Table 1.12.8.3 Permits Required
Chapter 13 Fire Protection System and Related Equipment
Work/Activity Issuing Authority Chapter/Code Section/M.G.L.
Carbon monoxide/Smoke alarm installations [# 5 dwelling units] at time of property sale or transfer Head of Fire Department M.G.L. c. 148, §§ 26F and 26F1/2 Known as a Certificate of
Compliance
Installations of carbon monoxide protection technical options. Section 13.7.2
Impairment or disconnection of any sprinkler system, water main, hydrant, or other device used for fire protection system, including carbon monoxide detection and alarm. M.G.L c. 148, § 27A Section 13.7.2.2
See Section 1.12.8.3

 

1.12.8.3.1

AMENDMENT
This section has been amended at the state or city level.
No person or entity may install any fire protection system in any new or existing building or structure without first complying with the provisions in this section and Table 1.12.8.3.

1.12.8.3.2

AMENDMENT
This section has been amended at the state or city level.
A fire protection system shall include any wiring, equipment and systems used to detect, suppress or control smoke, fire and carbon monoxide or any combination thereof.

1.12.8.3.3

AMENDMENT
This section has been amended at the state or city level.
No permit shall be required for the replacement, in kind, of an individual device (battery, carbon monoxide detector/alarm).

1.12.8.3.4

AMENDMENT
This section has been amended at the state or city level.
See Chapter 42 for additional fire protection system requirements.

1.12.8.4 Safeguarding Construction, Alteration, and Demolition Operations. [Chapter 16]

AMENDMENT
This section has been amended at the state or city level.
Table 1.12.8.4 Permits Required
Chapter 16 Safeguarding Construction, Alteration, and Demolition Operations
Work/Activity Issuing Authority Code Section
Torch-applied roofing operations Head of Fire Department Section 16.6.1
Placement of a tar kettle on a roof Section 16.7.1.2
Use of salamanders Section 16.1.1.1
  See Section 1.12.8.4

1.12.8.4.1

AMENDMENT
This section has been amended at the state or city level.
Permits must be obtained at least two days prior to the placement of a tar kettle on a roof.

1.12.8.4.2

AMENDMENT
This section has been amended at the state or city level.
See Chapter 10.10 for additional permit requirements for tar pots.

1.12.8.4.3

AMENDMENT
This section has been amended at the state or city level.
See Chapter 41 and Table 1.12.8.23 for permit requirements for Welding, Cutting, and Other Hot Work.

1.12.8.5 Combustible Waste and Refuse. [Chapter 19]

AMENDMENT
This section has been amended at the state or city level.
Table 1.12.8.5 Permits Required
Chapter 19 Combustible Waste, Refuse, and Rubbish Containers
Work/Activity Issuing Authority Code Section
Rubbish containers > 6 cubic yards Head of Fire Department Section 19.1.1
  See Section 1.12.8.5

1.12.8.5.1

AMENDMENT
This section has been amended at the state or city level.
A permit shall not be required for containers which are delivered to a location and removed in the course of a single business day.

1.12.8.5.2

AMENDMENT
This section has been amended at the state or city level.
Containers shall be marked with the name and telephone number of the company who can be reached in an emergency.

1.12.8.6 Occupancy Fire Safety. [Chapter 20]

AMENDMENT
This section has been amended at the state or city level.
Table 1.12.8.6 Permits Required
Chapter 20 Occupancy Fire Safety
Work/Activity/Location Issuing Authority Code Section
Assembly Occupancies Head of Fire Department Section 20.1.1.1
Food service provisions Section 20.1.5.2.4.1
Open flame devices and
Pyrotechnics
Section 20.1.5.3.1
Exposition Facilities Section 20.1.5.5.1
Storage and handling,
of cellulose nitrate film
Section 20.15.7.2
High-piled Storage Section 20.15.8.2
Unvented propane or natural gas-fired space heaters Sections 20.2.4.5.1, 20.3.2.1.1, 20.8.2.6.1, 20.9.2.2.1, 20.10.2.1,
and 20.11.2.1
See Section 1.12.8.6

1.12.8.6.1 Unvented Heaters

AMENDMENT
This section has been amended at the state or city level.

1.12.8.6.1.1

AMENDMENT
This section has been amended at the state or city level.
A copy of the manufacturer's installation/operating literature for unvented propane or natural gas-fired space heaters shall be submitted with each permit application.

1.12.8.6.1.2

AMENDMENT
This section has been amended at the state or city level.
Before operation of such heater, the Head of the Fire Department and the local or State Plumbing/Gas Inspector shall inspect the installation.

1.12.8.7 Chapter 21 Reserved

AMENDMENT
This section has been amended at the state or city level.

1.12.8.8 Chapter 22 Reserved

AMENDMENT
This section has been amended at the state or city level.

1.12.8.9 Cleanrooms. [Chapter 23]

AMENDMENT
This section has been amended at the state or city level.
Table 1.12.8.9 Permits Required
Chapter 23 Cleanrooms
Work/Activity Issuing Authority Code Section
Use, storage or handling of
hazardous materials
Head of Fire Department Section 23.3
Section 61.1.2
Section 61.5.3.3.1
Section 63.1.2
Section 66.1.5
Section 69.1.2

1.12.8.9.1

AMENDMENT
This section has been amended at the state or city level.
See chapters 60 through 75 for permitting requirements regarding hazardous materials.

1.12.8.10 Dry Cleaning. [Chapter 24]

AMENDMENT
This section has been amended at the state or city level.
Table 1.12.8.10 Permits Required
Chapter 24 Dry Cleaning
Work/Activity Issuing Authority Code Section
Use, storage or handling of
hazardous materials
Head of Fire Department Section 24.2
Section 61.1.2
Section 61.5.3.3.1
Section 63.1.2
Section 66.1.5
Section 69.1.2

1.12.8.10.1

AMENDMENT
This section has been amended at the state or city level.
See chapters 60 through 75 for permitting requirements regarding hazardous materials.

1.12.8.11 Chapter 25 Reserved

AMENDMENT
This section has been amended at the state or city level.

1.12.8.12 Laboratories Using Chemicals. [Chapter 26]

AMENDMENT
This section has been amended at the state or city level.
Table 1.12.8.12 Permits Required
Chapter 26 Laboratories Using Chemicals
Work/Activity Issuing Authority Code Section
The handling or storage of
chemicals in laboratory buildings,
laboratory units, and laboratory
work areas whether located above
or below grade.
Head of Fire Department Section 26.2
Section 61.1.2
Section 61.5.3.3.1
Section 63.1.2
Section 66.1.5
Section 69.1.2

1.12.8.12.1

AMENDMENT
This section has been amended at the state or city level.
See chapters 60 through 75 for permitting requirements regarding hazardous materials.

1.12.8.13 Chapter 27 Reserved

AMENDMENT
This section has been amended at the state or city level.

1.12.8.14 Chapter 28 Reserved

AMENDMENT
This section has been amended at the state or city level.

1.12.8.15 Chapter 29 Reserved

AMENDMENT
This section has been amended at the state or city level.

1.12.8.16 Motor Fuel Dispensing Facilities and Repair Garages. [Chapter 30]

AMENDMENT
This section has been amended at the state or city level.

1.12.8.16.1

AMENDMENT
This section has been amended at the state or city level.
See chapters 60 through 75 for permitting requirements regarding hazardous materials.

1.12.8.17 Forest Products. [Chapter 31]

AMENDMENT
This section has been amended at the state or city level.
Table 1.12.8.17 Permits Required
Chapter 31 Forest Products
Work/Activity Issuing Authority Code Section

Storage of mulch > 300 cubic yards

Head of Fire Department Section 31.2
Table 1.12.8.18 Permits Required
Chapter 32 Motion Picture and Television Production Studio Soundstages and Approved Production Facilities
Work/Activity Issuing Authority Code Section

Soundstages and approved production facilities for activities listed.

Head of Fire Department Section 32.4.2

Production locations

 

Section 32.5.2
See Section 1.12.8.18

1.12.8.18.1 Notification

AMENDMENT
This section has been amended at the state or city level.

1.12.8.18.1.1

AMENDMENT
This section has been amended at the state or city level.
A permit shall not be required provided notification is given to the Head of the Fire Department for production locations where 15 through 30 on-site personnel are present, and permits are not specifically required by Chapter 32.

1.12.8.19 Chapter 33 Reserved

AMENDMENT
This section has been amended at the state or city level.

1.12.8.20 Chapter 34 Reserved

AMENDMENT
This section has been amended at the state or city level.

1.12.8.21

AMENDMENT
This section has been amended at the state or city level.

Table 1.12.8.21 shall apply to Chapter 38 entitled Cannabis Growing, Processing, or Extraction Facilities. A permit shall be used, completed, required and issued as a precondition before conducting any work/activity described by Table 1.12.8.21.

Table 1.12.8.21* Permits Required
Work/Activity Issuing Authority Code Section

Processing or extraction of
cannabis involving hazardous
materials, see 38.1.

Head of Fire Department 38.2
60.8

ATable 1.12.8.21. A permit is required for processes involving hazardous materials in accordance with Section 60.8. Chapter 38 provides specific requirements for operations and equipment utilized in the processing and extraction activities commonly associated with cannabis processing facilities. It is generally accepted that processes involving hazardous materials will meet industry best practices. In the case of cannabis processing and extraction, compliance with the published regulations of Chapter 38 are the minimum industry standard.

1.12.8.22 Dust Explosion and Fire Prevention. [Chapter 40]

AMENDMENT
This section has been amended at the state or city level.
Table 1.12.8.22 Permits Required
Chapter 40 Dust Explosion and Fire Prevention
Work/Activity Issuing Authority Code Section

An operation that uses or produces
combustible dust

Head of Fire Department Section 40.2

1.12.8.23 Welding, Cutting and Other Hot Work. [Chapter 41]

AMENDMENT
This section has been amended at the state or city level.
Table 1.12.8.23 Permits Required
Chapter 41 Welding, Cutting, and Other Hot Work
Work/Activity Issuing Authority Chapter/Code Section

Welding, Cutting and
Other Hot Work

 

Head of Fire Department Section 41.1.5.3
Section 41.3.2.2
Section 41.3.4
See Section 1.12.8.23

1.12.8.23.1 Application for a Permit

AMENDMENT
This section has been amended at the state or city level.

1.12.8.23.1.1

AMENDMENT
This section has been amended at the state or city level.
A permit application shall specify the time and exact location of the work to be performed, the nature of the work to be done, and any special precautions to be taken during that work.

1.12.8.23.1.2

AMENDMENT
This section has been amended at the state or city level.
On the permit application the applicant shall provide written authorization, signed by the property owner or his agent.

1.12.8.23.2 Permit Requirements

AMENDMENT
This section has been amended at the state or city level.

1.12.8.23.2.1

AMENDMENT
This section has been amended at the state or city level.
A single permit shall be permitted to be issued for both operation and storage.

1.12.8.23.2.2

AMENDMENT
This section has been amended at the state or city level.
For daily activities, an annual hot work permit shall be permitted if in compliance with Section 41.7.

1.12.8.23.2.3

AMENDMENT
This section has been amended at the state or city level.
A permit prescribed by the Head of the Fire Department shall be required before conducting hot work processes in other than a designated area.

1.12.8.23.2.3.1

AMENDMENT
This section has been amended at the state or city level.
A permit prescribed by the State Fire Marshal shall be used for hot work performed in other than designated areas.

1.12.8.23.2.3.2

AMENDMENT
This section has been amended at the state or city level.
Before hot work operations begin in a nondesignated location, a written hot work permit by the Permit Authorizing Individual (PAI) shall be required. [51B:5.4.1]

1.12.8.23.2.3.2.1

AMENDMENT
This section has been amended at the state or city level.
See 41.3.4.1.1.1 for sample hot work permit for permitted required areas.

1.12.8.23.3 Permits Not Required

AMENDMENT
This section has been amended at the state or city level.

1.12.8.23.3.1

AMENDMENT
This section has been amended at the state or city level.
A hot work permit shall not be required by the Head of the Fire Department when hot work is conducted in approved and designated areas in accordance with Section 41.3.2.2.1.

1.12.8.23.3.1.1

AMENDMENT
This section has been amended at the state or city level.
See 41.5.4.4 Inspections permitted by the AHJ.

1.12.8.23.3.2

AMENDMENT
This section has been amended at the state or city level.
A permit shall not be required when the purpose of performing hot work is necessary for required maintenance.

1.12.8.23.3.2.1

AMENDMENT
This section has been amended at the state or city level.
See Section 41.4 entitled Sole Proprietors and Individual Operators.

1.12.8.23.3.3

AMENDMENT
This section has been amended at the state or city level.
Where an approved facility hot work permit program exists that meets the requirements of Chapter 41, the permit shall be permitted to be issued for an entire facility.

1.12.8.23.4

AMENDMENT
This section has been amended at the state or city level.
See Chapters 60 through 75 for permitting requirements regarding hazardous materials.

1.12.8.23.5

AMENDMENT
This section has been amended at the state or city level.
See Section 16.6 for permitting requirements regarding use of torch-applied roofing systems.

1.12.8.23.6

AMENDMENT
This section has been amended at the state or city level.
See Section 16.7 for permitting requirements regarding use of tar kettles.

1.12.8.24 Refueling Gaseous Fuel Containers, and Systems. [Chapter 42]

AMENDMENT
This section has been amended at the state or city level.
Table 1.12.8.24 Permits Required
Chapter 42 Refueling [Gaseous Fuel Containers and Systems]
Work/Activity Issuing Authority Code Section

Installation or connection of
Gaseous Fuel Containers and Systems

 

Head of Fire Department Section 42.2.2.1

 

See Section 1.12.8.24

1.12.8.24.1 Application for Permit

AMENDMENT
This section has been amended at the state or city level.

1.12.8.24.1.1

AMENDMENT
This section has been amended at the state or city level.
An application for a permit shall be submitted by the person, firm or corporation responsible for the installation or connection.

1.12.8.24.2 Permit Not Required

AMENDMENT
This section has been amended at the state or city level.

1.12.8.24.2.1

AMENDMENT
This section has been amended at the state or city level.
A permit shall not be required to make a connection in the fueling of gaseous fuel vehicles, replacement of a portable container, or the filling of a stationary container.

1.12.8.25 Refueling [Cargo Tanks, Portable Tanks or Transfer Tanks]

AMENDMENT
This section has been amended at the state or city level.
Table 1.12.8.25* Permits Required
Chapter 42 Refueling [Cargo Tanks, Portable Tanks or
Transfer Tanks]
Work/Activity Issuing Authority Code Section

*To store flammable and
combustible liquids.

Head of Fire Department Section 42.2.2.1

For dispensing motor fuel from
a tank vehicle

Section 42.8

Alternate fuels

 

ATable 1.12.8.25 Permits Required. Used here, "to store" includes the parking location of Cargo Tanks, Portable Tanks, or Transfer Tanks during nonbusiness hours. As a condition of the flammable/combustible storage permit, the tank vehicle should comply with NFPA 385 as referenced in 42.7.2.2.1 and 42.7.6.2, the conditions of 42.15, and 49 CFR. Each tank vehicle should be specifically identified on the storage permit.

1.12.8.25.1 General

AMENDMENT
This section has been amended at the state or city level.

1.12.8.25.1.1

AMENDMENT
This section has been amended at the state or city level.
All tanks shall be considered full for the purpose of this Code.

1.12.8.25.2 Cargo, Portable and Transfer Tanks

AMENDMENT
This section has been amended at the state or city level.

1.12.8.25.2.1

AMENDMENT
This section has been amended at the state or city level.
A permit shall be required when tanks are left unattended.

1.12.8.25.3 Vehicles and Contents

AMENDMENT
This section has been amended at the state or city level.

1.12.8.25.3.1

AMENDMENT
This section has been amended at the state or city level.
Tanks shall only be left in an area remote from buildings of habitation in such a manner required by the AHJ.

1.12.8.25.3.2

AMENDMENT
This section has been amended at the state or city level.
The Head of the Fire Department may assume control of the vehicle and its contents if the owner is unable or unwilling to remove the vehicle or its contents within a reasonable time.

1.12.8.25.3.3 Inspections Required

AMENDMENT
This section has been amended at the state or city level.

1.12.8.25.3.3.1

AMENDMENT
This section has been amended at the state or city level.
Transport vehicles used in the transportation of combustible liquids shall be subject to inspection by the AHJ.

1.12.8.25.3.4 Exemption From Inspection

AMENDMENT
This section has been amended at the state or city level.

1.12.8.25.3.4.1

AMENDMENT
This section has been amended at the state or city level.
If exempt from an inspection, a certificate of exemption shall be issued by the AHJ and carried in the transport vehicle at all times.

1.12.8.25.3.4.2

AMENDMENT
This section has been amended at the state or city level.
A certificate of exemption shall remain in effect provided the tank vehicle is maintained in accordance with U.S. DOT, Title 49CFR.

1.12.8.25.3.5 Permits Not Required

AMENDMENT
This section has been amended at the state or city level.

1.12.8.25.3.5.1

AMENDMENT
This section has been amended at the state or city level.
A permit shall not be required for gasoline or other flammable petroleum product provided it is transported in an open vehicle or in a compartment of a closed vehicle separated from the passengers, where the total quantity does not exceed 21 gallons, provided such flammable liquid is contained in approved containers and with no individual container exceeding seven gallons capacity.

1.12.8.25.3.5.2

AMENDMENT
This section has been amended at the state or city level.
A permit shall not be required for combustible liquids transported in any open vehicle or in the compartment of a closed vehicle separated from the passengers where the total quantity does not to exceed 55 gallons, provided such combustible liquid is contained in approved containers, substantial metal drums or other similar containers.

1.12.8.25.3.7 Alternate Fuels

AMENDMENT
This section has been amended at the state or city level.

1.12.8.25.3.7.1 Notice of Completion and Inspection of Work

AMENDMENT
This section has been amended at the state or city level.

1.12.8.25.3.7.1.1

AMENDMENT
This section has been amended at the state or city level.
Upon receipt of such notification of completion of the work, the AHJ shall make an inspection of the installation within a reasonable time. If the work is found to be in accordance with this Code and, if applicable, 502 CMR 5.00: Permit Requirements and Annual Inspection of above Ground Storage Tanks or Containers of More than Ten Thousand Gallons Capacity, the AHJ shall issue to the owner or occupant a permit for the keeping, storage, manufacture or sale in connection therewith, except where such storage is otherwise authorized by license.

1.12.8.25.3.7.2 Certificate of Completion

AMENDMENT
This section has been amended at the state or city level.

1.12.8.25.3.7.2.1

AMENDMENT
This section has been amended at the state or city level.
See Section 1.12.8.51 for Certificate of Completion requirements regarding alternate fuel storage installations and connections.

1.12.8.26 Refueling Marine Fueling. [Chapter 42]

AMENDMENT
This section has been amended at the state or city level.
Table 1.12.8.26 Permits Required
Chapter 42 Refueling [Marine Fueling]
Activity Issuing Authority Code Section

The dispensing, transferring of
fuel at marine fueling facilities.

Head of Fire Department
or
State Fire Marshal

Section 42.9.1.4


To construct or alter a new or
existing marine fueling facility.

To maintain a fueling facility.

 

See Section 1.12.8.26

1.12.8.26.1 Permit Holder

AMENDMENT
This section has been amended at the state or city level.
A permit holder shall comply with following:
  1. The permit holder of every marine fueling facility shall designate one or more persons to be an authorized marine fueling operator.
  2. Each marine fueling operator shall be as described in Section 1.12.8.26.3
  3. The permit holder shall keep a written record for each authorized marine fueling operator. 
    1. Such written record shall be maintained for a period of three years.
    2. Such written records shall include the following information:
      1. The name, home address, telephone number, and age;
      2. The date and location of the training;
      3. A summary of the training program topics;
      4. A dated signature of the employee administering the training; and
      5. A dated signature from the employee receiving the training.

1.12.8.26.2 Marine Fueling Operator

AMENDMENT
This section has been amended at the state or city level.
The operator shall be 18 years of age or older and responsible for the oversight of the actual fueling activity conducted by the marine fueling facility and shall comply with the following:
  1. The operator shall be the permit holder or shall be an agent or employee under the direct control or supervision of said permit holder.
  2. Each current or newly designated authorized marine fueling operator shall be adequately and properly trained prior to conducting any fueling activity.
  3. Training shall be conducted at least on an annual basis and at a minimum, shall include the following areas:
    1. Familiarity of Chapter 42;
    2. The properties and hazards of flammable and combustible liquids;
    3. Handling precautions for flammable and combustible liquids;
    4. The manufacturers operating instructions for operating all fueling equipment (pumps, nozzles, controls, emergency shutoff, etc.) and related equipment; and
    5. Familiarity with the operation and location of all fueling equipment and of all emergency equipment and procedures, including:
      1. Emergency notifications (for mobile operators site by site specific);
      2. Evacuation procedures;
      3. Emergency shutoff equipment location and operation;
      4. Fire extinguisher locations and operations;
      5. Location and proper operation of any extinguishing systems; and
      6. Standby for the arrival of emergency responders.

1.12.8.27 Spraying, Dipping, and Coating Using Flammable or Combustible Materials

AMENDMENT
This section has been amended at the state or city level.
Table 1.12.8.27 Permits Required
Chapter 43 Spraying, Dipping, and Coating Using Flammable or Combustible Materials
Work/Activity Issuing Authority Chapter

Storage, use or handling of hazardous materials

Head of Fire Department 43.1.1.4


 

See Section 1.12.8.27

1.12.8.27.1 Use Prohibited. [Chapter 43]

AMENDMENT
This section has been amended at the state or city level.

1.12.8.27.1.1

AMENDMENT
This section has been amended at the state or city level.
The use of any clear or pigmented wood finish, formulated with nitrocellulose or synthetic resins to dry by evaporation and without chemical reaction, having a flashpoint below 100EF, and having a vapor pressure not exceeding 40 psi at 100°F, including clear lacquer or sanding sealers, shall be prohibited. [M.G.L. c. 94, § 329]

1.12.8.27.1.2

AMENDMENT
This section has been amended at the state or city level.
See Chapters 60 through 75 for permitting requirements regarding hazardous materials.

1.12.8.28 Chapter 44 Reserved

AMENDMENT
This section has been amended at the state or city level.

1.12.8.29 Combustible Fibers. [Chapter 45]

AMENDMENT
This section has been amended at the state or city level.
Table 1.12.8.29 Permits Required
Chapter 45 Combustible Fibers
Work/Activity Issuing Authority Code Section

For storage or handling of
combustible fibers > 100 ft.3
(2.8 m3)

Head of Fire Department Section 45.1.3


 

See Section 1.12.8.29

1.12.8.29.1

AMENDMENT
This section has been amended at the state or city level.
No permit shall be required for agricultural storage of combustible fibers.

1.12.8.30 Chapter 50 Reserved

AMENDMENT
This section has been amended at the state or city level.

1.12.8.31 Industrial Ovens and Furnaces. [Chapter 51]

AMENDMENT
This section has been amended at the state or city level.
Table 1.12.8.31 Permits Required
Chapter 51 Industrial Ovens and Furnaces
Work/Activity Issuing Authority Code Section

Installation and operation of an
oven or furnace.

Head of Fire Department  Section 51.1.2

1.12.8.32 Energy Storage Systems. [Chapter 52]

AMENDMENT
This section has been amended at the state or city level.
Table 1.12.8.32 Permits Required
Chapter 52 Energy Storage Systems
Work/Activity Issuing Authority Code Section

To install and operate energy
storage systems having a capacity
greater than the quantities listed in
Table 52.3.1

Head of Fire Department  52.1.2

To install and or operate stationary
battery systems having an electrolyte
capacity more than 100 gal. (378.5 L)
in sprinklered buildings or 50 gal. (189.3 L)
in non-sprinklered buildings

52.2

1.12.8.33 Chapter 53 Reserved

AMENDMENT
This section has been amended at the state or city level.

1.12.8.34 Hazardous Material. [Chapter 60]

AMENDMENT
This section has been amended at the state or city level.
Table 1.12.8.34 Permits Required
Chapter 60 Hazardous Material
Work/Activity Issuing Authority Code Section

Process or Processing of any Hazardous
Material in Category 2, 3, 4, and/or 5.

Head of Fire Department  Section 60.8.1.1.1

Crop ripening or color processing.

Head of Fire Department  Section 60.8.4
Where that process involves the
storage, handling, and use of a
flammable compressed gas (see
Section 63.1.2).
Where that process involves the
storage, handling, and use of a
combustible or flammable
liquid (see Section 66.1.5).

 

See Section 1.12.8.34

 

See Table 1.12.8.50

1.12.8.34.1 Permit Requirements

AMENDMENT
This section has been amended at the state or city level.
  1. A permit holder shall apply for the renewal on an annual basis.
  2. A new permit shall be required prior to engaging in any new or modified hazardous material process activity, which results in a change to a different process category authorized by the current permit.

1.12.8.34.2 Process or Processing of Any Hazardous Material at Any Facility

AMENDMENT
This section has been amended at the state or city level.
  1. A permit shall be required for the process or processing of any hazardous material at any facility identified in this Code as Category 2 through Category 5, as described in Chapter 60.
  2. The AHJ may require technical assistance in accordance with Section 1.15 to evaluate the adequacy of a Category 3 or Category 4 facility process safety conditions, programs, procedures, and practices undertaken at the facility, but only after a notice of denial has been properly served upon the person making application.

1.12.8.35 Aerosol Products. [Chapter 61]

AMENDMENT
This section has been amended at the state or city level.
Table 1.12.8.35 Permits Required
Chapter 61 Aerosol Products
Work/Activity Issuing Authority Code Section

Storage > 500 lbs.

Head of Fire Department Section 61.1.2 

 

See Section 1.12.8.35

1.12.8.35.1 Permit Requirement

AMENDMENT
This section has been amended at the state or city level.

1.12.8.35.1.1

AMENDMENT
This section has been amended at the state or city level.
A permit shall be required based on the aggregate quantity

1.12.8.35.2 Permit Not Required

AMENDMENT
This section has been amended at the state or city level.

1.12.8.35.2.1

AMENDMENT
This section has been amended at the state or city level.
A permit shall not be required for level 1 aerosol products.

1.12.8.36 Chapter 62 Reserved

AMENDMENT
This section has been amended at the state or city level.

1.12.8.37 Compressed Gases and Cryogenic Fluids. [Chapter 63]

AMENDMENT
This section has been amended at the state or city level.
Table 1.12.8.37(a) Permits Required
Chapter 63 Compressed Gases and Cryogenic Fluids
Work/Activity Issuing Authority Code Section

Storage of compressed gases
Inside of a building/Outside of a
building

Head of Fire Department Section 63.1.2
(Also see Table 1.12.8.50)
See Tables 1.12.8.37(b) and (c)
Table  1.12.8.37(b) Permit Amounts for Compressed Gases
Type of Gas

Amount*

ft.3 m3

Corrosive

$200 $ 0.5.7

Flammable

$200 $ 0.5.7

Highly toxic

Any amount  

Inert and simple asphyxiant

$6000 $169.9

Oxidizing (including oxygen)

$504 $14.3

Pyrophoric

Any amount  

Toxic

Any amount  

Unstable (reactive)

Any amount  
*Cubic feet measured at normal temperature and pressure.
Table  1.12.8.37(c) Permit Amounts for Cryogens
Type of Cryogen Inside Building
(gal.)
Outside Building
(gal.)

Corrosive

Over 1 Over 1

Flammable

Over 1 60

Toxic/highly toxic

Over 1 Over 1

Nonflammable

60 500

Oxidizer (includes oxygen)

10 50

1.12.8.37.1

AMENDMENT
This section has been amended at the state or city level.
Permits shall be required in accordance with Tables 1.12.8.37(a), (b) and (c).

1.12.8.37.2

AMENDMENT
This section has been amended at the state or city level.
See Chapters 41, 42, 60, 63, and 69 for additional requirements and exceptions.

1.12.8.38 Chapter 64 Reserved

AMENDMENT
This section has been amended at the state or city level.

1.12.8.39 Blasting, Explosives, Fireworks, and Model Rocketry. [Chapter 65]

AMENDMENT
This section has been amended at the state or city level.
Table 1.12.8.39 Permits Required
Chapter 65

Blasting, Explosives, Fireworks, Model Rocketry and
Flame Effects

Work/Activity Issuing Authority Code Section/M.G.L.
Black Powder/Blasting/Explosives/Model Rocketry/Pyrotechnics/Cannons/Flame Effects
Display of Fireworks Supervision
of the use of explosives, fireworks
and cannon mortar
Head of Fire Department  Section 65.2.3
Storage and manufacturing of
fireworks
State Fire Marshal
A vehicle carrying explosive
materials left unattended and
parked in an authorized area.
Head of Fire Department

Pyrotechnics before a proximate
audience.

Section 65.3.3

Flame effects before an audience.

Section 65.4.1.1
Section 65.4.2

Fireworks manufacturing

State Fire Marshal Section 65.5.1.2
M.G.L. c. 148, § 12

Model rocketry including storage
of solid propellant model rocket
motors, reloading kits, or motor
components > 50 lbs. (23 kg) net
weight at a residence

Head of Fire Department Section 65.6.1

High power rocketry, including
storage of high power model
rocket motors, motor reloading
kits, and pyrotechnic modules

Head of Fire Department Section 65.8.2

Explosives including manufacturing
and storage of explosive materials.

State Fire Marshal Section 65.9.2.1
M.G.L. c. 148, § 12

Blasting.

Head of Fire Department Section 65.9.2.2

Keeping and the storage of
explosives.

State Fire Marshal M.G.L. c. 148, § 13

Transportation [Intrastate].

State Fire Marshal and Head
of Fire Department 
Section 65.9.2.1
M.G.L. c. 148, § 13.

Storage of in any magazine,
building or structure.

State Fire Marshal Section 65.9.2.1

Delivery of fireworks to
authorized personnel.

Head of Fire Department Section 65.9.6.3

Cannon or Mortar Firing.

Section 65.11.2

 

See Section 1.12.8.39

1.12.8.39.1 Explosives and Blasting

AMENDMENT
This section has been amended at the state or city level.

1.12.8.39.1.1 Permit Requirements

AMENDMENT
This section has been amended at the state or city level.
Compliance with the following shall be required:
  1. For the purpose of permitting, the capacity of a storage magazine, in pounds, shall be the maximum constructed storage capacity of the magazine as reported to the Alcohol Tobacco and Firearms (ATF).
  2. Application for permit to conduct a blasting operation shall include the submittal of an Explosives User's Certificate and a Certificate of Competency.
  3. A permit to detonate explosives shall not be issued, unless the person holds a valid certificate and a DigSafe number has been obtained in accordance with M.G.L. c. 82, § 40.
  4. Such permit shall remain in effect for a minimum of 30 days, unless extended, suspended or revoked.
  5. For deliveries of explosive materials to any magazine, building, or structure shall be in accordance with M.G.L. c. 148, § 12.

1.12.8.39.1.1.1 Sale or Transfer

AMENDMENT
This section has been amended at the state or city level.
Compliance with the following shall be required for permits:
  1. The transferee shall immediately apply for a new permit for the magazine, building or structure.
  2. Any owner shall notify the State Fire Marshal immediately of the sale or transfer of a magazine, building or structure. The owner shall remove the permit number from the magazine, building or structure upon sale or transfer.

1.12.8.39.1.1.2 Application to Manufacture

AMENDMENT
This section has been amended at the state or city level.

1.12.8.39.1.1.2.1

AMENDMENT
This section has been amended at the state or city level.
Applicants for a permit to manufacture explosives shall submit proof of license to manufacture explosives materials issued in accordance with 27 CFR Part 55, and a license and registration, as applicable, to keep, store, manufacture or sell explosive material, issued in accordance with M.G.L c. 148, § 13 with an application for a permit.

1.12.8.39.1.1.3 Plans

AMENDMENT
This section has been amended at the state or city level.

1.12.8.39.1.1.3.1

AMENDMENT
This section has been amended at the state or city level.
A plan drawn to scale shall be required to be submitted with the application for permit showing the arrangement of the various buildings and magazines of the manufactory and the egress there from, their relative location to other buildings and property lines, and shall clearly indicate the following:
  1. The location of the manufactory;
  2. The name of the owner and/or occupant;
  3. The kind and maximum quantities of the explosives, raw materials, and finished products, and the manner in which they are to be kept or stored; and
  4. The nature of the work to be carried on in each building.

1.12.8.39.1.1.4 Permits Not Required

AMENDMENT
This section has been amended at the state or city level.
Permits shall not be required for the following:
  1. For smokeless propellants displayed in commercial establishments intended for sale and not exceeding 25 lbs. and stored in original manufacturer's containers of one lb. maximum capacity.
  2. Small arms ammunition, primers, smokeless propellants and black powder stored in original containers and stored in a locked cabinet, closet or box when not in use as provided in Section 1.12.8.50. Small arms ammunition, as used here, shall mean any shotgun, rifle, or pistol cartridge and any cartridge or propellant actuated devices, excluding military ammunition containing bursting charges or incendiary, tracer, spotting, or pyrotechnic projectiles.

1.12.8.39.1.1.5 Notification

AMENDMENT
This section has been amended at the state or city level.

1.12.8.39.1.1.5.1

AMENDMENT
This section has been amended at the state or city level.
Each day any blasting operations are to be performed, notification shall be given at least two hours prior to such operations, if required by the Head of the Fire Department. Failure to notify will be cause for revocation of the permit.

1.12.8.39.1.1.5.2

AMENDMENT
This section has been amended at the state or city level.
The Head of the Fire Department shall make a written report to the State Fire Marshal stating the details of any incident resulting in any injury to persons or property during an activity.

1.12.8.39.2 Fireworks

AMENDMENT
This section has been amended at the state or city level.

1.12.8.39.2.1 Permit Requirements

AMENDMENT
This section has been amended at the state or city level.
The following permit provisions shall be complied with:
  1. An application for permit has been submitted and shall include the submittal of a fireworks user's certificate and a certificate of competency.
  2. The quantity and description of materials to be used shall be listed on the permit application.

1.12.8.39.2.2 Displays

AMENDMENT
This section has been amended at the state or city level.
  1. Applications shall be submitted in writing at least 20 days in advance of a display, unless waived by the Head of the Fire Department.
  2. Upon receipt of an application for fireworks the Head of the Fire Department shall make or cause to be made an investigation of the pertinent facts set forth in the application and a physical inspection of the display grounds for the purpose of determining compliance with the provisions of this Code.
  3. These requirements may be waived if the same display has been witnessed at similar separate locations.
  4. Upon completion of such investigation and inspection for fireworks, but no later than five days after receipt of said application, the Head of the Fire Department shall transmit one copy of said application to the State Fire Marshal and one copy to the applicant with his or her endorsement thereon in compliance with provisions of law, or his or her reason for withholding such endorsement.
  5. Denial of a permit application for the use of special effects [fireworks] for just cause shall be determined by the Head of the Fire Department within a maximum of 24 hours after witnessing the preliminary display, and the applicant shall be so notified in writing within the next 24 hours with the reasons for such denial detailed.
  6. The Head of the Fire Department shall notify the State Fire Marshal of substitutions of certificate holders within two working days following the display.
  7. The applicant for the special effects [fireworks] permit shall demonstrate the fireworks display in the presence of the Head of the Fire Department or his designees at least four hours before the performance at the proposed location of the performance. Notice of the demonstration shall be given to the Head of the Fire Department at least four days in advance documenting the date and time of such demonstration.

1.12.8.39.2.3 Permit Not Required

AMENDMENT
This section has been amended at the state or city level.

1.12.8.39.2.3.1

AMENDMENT
This section has been amended at the state or city level.
A permit shall not be required for the transporting [interstate] of such fireworks or pyrotechnic materials if it is in accordance with U.S. DOT, Title 49 CFR.

1.12.8.39.2.4 Cannon Mortar

AMENDMENT
This section has been amended at the state or city level.

1.12.8.39.2.4.1 Permits Requirements

AMENDMENT
This section has been amended at the state or city level.

1.12.8.39.2.4.1.1

AMENDMENT
This section has been amended at the state or city level.
A permit for the supervision of the firing of a cannon shall not be issued unless the person holds a valid certificate.

1.12.8.39.2.4.3 Application

AMENDMENT
This section has been amended at the state or city level.
  1. Applications shall be submitted where the supervised firing is to take place not less than 15 days in advance of firing date, and shall state whether blank-fire or live-fire is utilized.
  2. Submission of this application is an assurance that the cannons to be fired will be inspected by the competent operator and meets all safety requirements prior to firing.

1.12.8.39.2.5 Permits Not Required

AMENDMENT
This section has been amended at the state or city level.

1.12.8.39.2.5.1

AMENDMENT
This section has been amended at the state or city level.
Persons holding a Certificate of Competency for cannons shall be permitted to store less than 50 lbs. of black powder.

1.12.8.40 Flammable and Combustible Liquids. [Chapter 66]

AMENDMENT
This section has been amended at the state or city level.
Table 1.12.8.40 Permits Required
Chapter 66 Flammable and Combustible Liquids
Work/Activity Issuing Authority Chapter/Code Section/M.G.L

Construction, maintenance or use
of any aboveground storage tank
>10,000 gallons capacity, in
aggregate.

State Fire Marshal M.G.L. c. 148, § 37
502 CMR 5.00: Permit and
Inspection Requirements of
Above-ground Storage Tanks of
More than Ten Thousand
Gallons Capacity

To keep, store, manufacture,
handle flammables or
combustible liquids.

Head of Fire Department Section 66.1.5

Installation, maintenance, and
storage of waste oil storage tanks.

Chapter 66

Storage of alcohol based hand rub
preparations > ten gallons

Chapter 66

Removal of tanks and
underground piping.

Chapter 66

Abandoned tanks.

Chapter 66

 

  See Section 1.12.8.40

1.12.8.40.1 Permit Requirement

AMENDMENT
This section has been amended at the state or city level.

1.12.8.40.1.1 Transport a Tank to a Tank Yard

AMENDMENT
This section has been amended at the state or city level.

1.12.8.40.1.1.1

AMENDMENT
This section has been amended at the state or city level.
To transport a tank to an approved tank yard, the person requesting the permit shall provide the permit-granting authority (Head of the Fire Department) with notification of the designated site of disposition.

1.12.8.40.1.1.2 Receipt of Delivery

AMENDMENT
This section has been amended at the state or city level.

1.12.8.40.1.1.2.1

AMENDMENT
This section has been amended at the state or city level.
Any person granted a permit to remove an installed tank shall, within 72 hours, provide a receipt for delivery of said tank to the site designated on the permit.

1.12.8.40.1.2 Inspection of Tanks

AMENDMENT
This section has been amended at the state or city level.
The Head of the Fire Department shall periodically inspect existing above ground tank installations for safety, and if he determines that the installation or operation constitutes a hazard, he shall require unsafe tanks to be removed from service.

1.12.8.40.1.3 Removal of Tanks and Underground Piping

AMENDMENT
This section has been amended at the state or city level.

1.12.8.40.1.3.1

AMENDMENT
This section has been amended at the state or city level.
Within 24 hours after the removal of an underground tank and underground piping, the owner shall acquire a measurement for the presence of a release of oil or hazardous materials to the environment where contamination is most likely to be present on the site and, if requested, submit such documented measurements to the AHJ.

1.12.8.40.1.3.2

AMENDMENT
This section has been amended at the state or city level.
If contamination is found, the owner shall immediately notify the Head of the Fire Department as well as the Department of Environmental Protection.

1.12.8.40.2 Abandoned Tanks and Piping

AMENDMENT
This section has been amended at the state or city level.

1.12.8.40.2.1

AMENDMENT
This section has been amended at the state or city level.
Abandoned tanks and piping shall be removed.

1.12.8.40.2.2

AMENDMENT
This section has been amended at the state or city level.
Abandoned, as used here, means any tank and piping without use, either filling or draw off for a continuous period:
  1. Any tank#10,000 gallons for a continuous period in excess of 12 months.
  2. Any above ground storage tank >10,000 gallons for a continuous period in excess of 60 months and in compliance with 502 CMR 5.00: Permit and Inspection Requirements of Above-ground Storage Tanks of More than Ten Thousand Gallons Capacity.

1.12.8.41 Flammable Solids. [Chapter 67]

AMENDMENT
This section has been amended at the state or city level.
Table 1.12.8.41 Permits Required
Chapter 67 Flammable Solids
Work/Activity Issuing Authority Code Section

Storage of Flammable solids

Head of Fire Department Section 67.1.2 

1.12.8.42 Chapter 68 Reserved

AMENDMENT
This section has been amended at the state or city level.

1.12.8.43 Liquid Petroleum Gases and Liquefied Natural Gas. [Chapter 69]

AMENDMENT
This section has been amended at the state or city level.
Table 1.12.8.43 Permits Required
Chapter 69 Liquid Petroleum Gases and Liquefied Natural Gas
Work/Activity Issuing Authority Code Section

Storage, use and handling and the
installation or modification of
stationary installations.

Head of Fire Department Section 69.1.2 

Keeping, removal, storage or use
of LP-gas >42 lbs aggregate
capacity.

 

  See Section 1.12.8.43

1.12.8.43.1 Application for a Permit

AMENDMENT
This section has been amended at the state or city level.

1.12.8.43.1.1

AMENDMENT
This section has been amended at the state or city level.
An application for a permit shall be submitted by the person, firm or corporation who will make the installation or connection to an LP-gas storage container, in the name of the owner or occupant of the premises.

1.12.8.43.1.2 Notice of Completion and Inspection of Work

AMENDMENT
This section has been amended at the state or city level.

1.12.8.43.1.2.1

AMENDMENT
This section has been amended at the state or city level.
Upon receipt of notification of completion of the work, the AHJ shall make an inspection of the installation within a reasonable time. If same is found to be in accordance with Chapter 69 and if applicable 502 CMR 5.00: Permit and Inspection Requirements of Aboveground Storage Tanks of More than Ten Thousand Gallons Capacity, the AHJ shall issue to the owner or occupant a permit for the keeping,storage, manufacture or sale of LP-gas in connection therewith, except where such storage is otherwise authorized by license.

1.12.8.43.1.2.2 Violation

AMENDMENT
This section has been amended at the state or city level.

1.12.8.43.1.2.2.1

AMENDMENT
This section has been amended at the state or city level.
If such installation is found not to be in accordance with Chapter 69, the permit shall be withheld and shall not be issued until the proper corrections have been made as directed, by written notice if requested, within a reasonably specified time and prior to any LP-gas being stored in the container(s).

1.12.8.43.1.2.2.2

AMENDMENT
This section has been amended at the state or city level.
Permits for the storage are considered null and void if such containers are considered abandoned. Where containers are abandoned they shall be removed, as provided in Table 1.12.8.43. If permitted by the AHJ, such container may be reused in accordance with 1.12.8.43.1.1.

1.12.8.43.1.3 Certificate of Completion

AMENDMENT
This section has been amended at the state or city level.

1.12.8.43.1.3.1

AMENDMENT
This section has been amended at the state or city level.
See Section 1.12.8.51 for Certificate of Completion requirements regarding LP-gas storage installations and connections.

1.12.8.43.2 Permits Not Required

AMENDMENT
This section has been amended at the state or city level.

1.12.8.43.2.1

AMENDMENT
This section has been amended at the state or city level.
No permit shall be required to make a connection in the replacement of a portable container, or the filling of a stationary container.

1.12.8.44 Chapter 70 Reserved

AMENDMENT
This section has been amended at the state or city level.

1.12.8.45 Chapter 71 Reserved

AMENDMENT
This section has been amended at the state or city level.

1.12.8.46 Chapter 72 Reserved

AMENDMENT
This section has been amended at the state or city level.

1.12.8.47 Chapter 73 Reserved

AMENDMENT
This section has been amended at the state or city level.

1.12.8.48 Ammonium Nitrate

AMENDMENT
This section has been amended at the state or city level.

1.12.8.48.1

AMENDMENT
This section has been amended at the state or city level.
If applicable, permits shall comply with the requirements of Chapter 65.

1.12.8.49 Chapter 75 Reserved

AMENDMENT
This section has been amended at the state or city level.

1.12.8.50 Quantities, Permits and License Requirements

AMENDMENT
This section has been amended at the state or city level.
Table 1.12.8.50 Permit and/or License Thresholds
Materials Quantities Permit License 

Class 1 liquids

< 793 Gallons* yes no

Note 1: Gasoline may be used, kept, or
stored in any building not used for
habitation nor frequented by the public, #
7 gallons and provided the gasoline is
stored in one or more approved containers
without permit.
Note 2: See alcohol based hand rub Table
1.12.8.1
Note 3: No permit or license needed when
stored in containers of 60 gallons capacity
or less; or
Note 4: No permit or license needed when
stored in portable tanks over 60 gallons
capacity not intended for fixed use,
including intermediate bulk containers
(IBCs) designed for mechanical handling.

≥ 793 gallons yes yes

Class I liquids (in fixed storage containers)

<10,000 gallons** yes no

**Note: No permit or license needed for**
storage tanks having a liquid capacity that
exceeds 60 gallons capacity, intended for
fixed installation and not used for
processing. 

≥ 10,000 gallons yes yes

Class II liquids.

 

<10,000 gallons yes no
≥ 10,000 gallons yes yes

Class IIIA liquids.

 

<10,000 gallons yes no
≥ 10,000 gallons yes yes

Class IIIB liquids.

 

<10,000 gallons yes no
≥ 10,000 gallons yes yes

Flammable Solids.

 

< 100 lbs. yes no
≥ 100 lbs. yes yes

Flammable gases (within a building).

 

< 3,000 cubic feet yes no
≥ 3,000 cubic feet yes yes

Flammable gases (outside a building).

 

< 10,000 cubic feet yes no
≥ 10,000 cubic feet yes yes

Fuel oil that may be kept for use in a
building or other structure.

 

< 10,000 gallons of light or of heavy yes no
≥ 10,000 gallons of light or of heavy yes yes

Small arms ammunition of rim fire
ammunition. [private use]

 

 

< 10,000 rounds no no
≥ 10,000- 30,000 rounds yes no
> 30,000 rounds no yes

Small arms ammunition of center fire
ammunition. [private use]

 

 

< 10,000 rounds no no
≥ 10,000- 50,000 rounds yes no
> 50,000 rounds no yes

Small arms ammunition of shotgun
ammunition. [private use]

 

 

< 5,000 rounds no no
≥ 5,000 rounds- 50,000 rounds yes no
> 50,000 rounds no yes

Small arms ammunition primers. [private
use]

 

 

< 10,000 caps or other small arms
primers
no no
≥ 10,000 caps or other small arms
primers
no yes

Small arms ammunition primers.
[commercial use]

 

< 100,000 caps or other small arms
primers 
yes no
≥ 10,000 caps or other small
arms primers caps or other small
arms primers
no yes

Smokeless propellants. [private]
Note 1: Persons younger than 18 years old
may not keep or store smokeless
propellants.
Note 2: Not more than two pounds of such
propellant shall be stored in a multiple
family dwelling or a building of public
access. 

< 16 lbs. no no

Smokeless propellants. [private]

≥ 16 lbs. through 47 lbs. yes no

Smokeless propellants. [commercial]


 

≥ 48 lbs. no yes
≥ 16 —lbs to < 99 lbs. yes no
≥ 100 lbs. no yes

Black powder.
Note: Persons younger than 18 years old
may not keep or store any amount of black
powder

≤ 2 lbs
≤ 5 lbs.
≥ 5 lbs.

no no

Black powder. [private]

≤ 50 lbs. yes no

Black powder. [commercial]
See Section 1.12.8.39.2.5.1 for permit
exemption individual.

≥ 50 lbs.


no


yes


Special industrial explosive devices

< 50 lbs. net weight of explosives no no
≥ 50 lbs. net weight of explosives no yes
Explosive material.
Note: Fireworks can be stored up to 30
days without a land license.
Classified Division 1.1 - 1.6 yes yes

LP-gas


 

< 42 lbs. [10 gallons] no no
≥ 42 lbs. [10-gallons] yes no
> 2,000 gallons of LP-gas in the
aggregate.
yes yes
Flammable or class II combustible liquids
unattended within cargo tanks, portable
tanks or transfer tanks on a parcel of land.
This shall not apply to parcels of land
permitted by the Head of the Fire
Department prior to September 1, 2008.
≤ 15,000 gallons in the aggregate yes no
> 15,000 gallons in the aggregate no yes

1.12.8.50.1

AMENDMENT
This section has been amended at the state or city level.
The activities and aggregate quantities listed in Table 1.12.8.50 shall be used in determining permit and/or license thresholds.

1.12.8.50.2

AMENDMENT
This section has been amended at the state or city level.
All tanks, containers, vessels and transport vehicles are to be considered full for the purpose of permitting under this Code and under M.G.L. c. 148, § 13.

1.12.8.50.3

AMENDMENT
This section has been amended at the state or city level.
This section shall not apply to Class II and III liquids that are not heated to or above their flash points and:
  1. That have no fire point when tested by ASTM D 92, Standard Test Method for Flash and Fire Points by Cleveland Open Cup, up to the boiling point of the liquid or up to a temperature at which the sample being tested shows an obvious physical change, or
  2. That are in a water-miscible solution or in dispersion with a water and inert (noncombustible) solids content of more than 80% by weight, which do not sustain combustion when tested using the "Method of Testing for Sustained Combustibility", per 49 CFR 173, Appendix H, or the UN Recommendations on the Transport of Dangerous Goods.

1.12.8.50.4

AMENDMENT
This section has been amended at the state or city level.
If a license is required based on the limits set forth in Table 1.12.8.50, it shall be issued in accordance with M.G.L. c. 148, § 13.

1.12.8.50.5

AMENDMENT
This section has been amended at the state or city level.
A permit shall be obtained in accordance with Table 1.12.8.1 through Table 1.12.8.50 as applicable.

1.12.8.50.6

AMENDMENT
This section has been amended at the state or city level.
When storing more than one class of liquid or other materials named in Table 1.12.8.50, a license shall only be required for the individual class or materials, which exceed the amounts listed.

1.12.8.50.7

AMENDMENT
This section has been amended at the state or city level.
Explosive material classified as Division 1.5 and 1.6 shall not be regulated as an explosive in determining capacities subject to license requirements of M.G.L c. 148, § 13.

1.12.8.51 Certificates of Completion

AMENDMENT
This section has been amended at the state or city level.
A certificate of completion shall be filed as provided in Table 1.12.8.51.
Table 1.12.8.51 Certificates Required for Permit
Chapters 11, 42 and 69

Certificates of Completion

Type
Oil Burner Technician [Chapter 11]
Upon completion the person, firm or
corporation having made the
installation or connection:
Shall certify in writing on a form approved by the
State Fire Marshal to the Head of the Fire Department
that the work has been completed, and in conformity
with the requirements of this Code.
Alternate Fuels [Chapter 42]
Upon completion of an installation or
connection the person, firm or
corporation having made the
installation or connection:
Shall certify in writing on a form approved by the
State Fire Marshal to the Head of the Fire Department
that the work has been completed, and in conformity
with the requirements of this Code.
LP-gas [Chapter 69]
Upon completion of an installation or
connection the person, firm or
corporation having made the
installation or connection: 
Shall certify in writing on a form approved by the
State Fire Marshal to the Head of the Fire Department
that the work has been completed, and in conformity
with the requirements of this Code.
  See Section 1.12.8.51

1.12.8.51.1

AMENDMENT
This section has been amended at the state or city level.
A person making the installation or connection of an oil burner, alternate fuel installation, or LP-gas installation shall within 72 hours (excluding Saturday, Sunday and holidays) after test-firing the burner, file such certificate of completion.

1.12.8.51.2 Inspection

AMENDMENT
This section has been amended at the state or city level.
Upon receipt of a certificate of completion, the Head of the Fire Department shall make an inspection of the installation within a reasonable time and, if same is found to be in accordance with this Code, the AHJ shall issue to the owner or occupant an applicable permit.

1.13 Certificates

AMENDMENT
This section has been amended at the state or city level.

1.13.1 Authorization

AMENDMENT
This section has been amended at the state or city level.
The State Fire Marshal shall have the authority to require certificates and collect fees for individuals or companies performing any of the following activities.
  1. Sale, manufacture, possession or use of explosive materials, blasting operations, fireworks displays, storage of fireworks, use of pyrotechnics or special effects before a proximate audience; Chapter 65
  2. Inspection, servicing or recharging of portable fire extinguishers; Chapter 13
  3. Installation, servicing or recharging of fixed fire extinguishing systems; Chapter 13
  4. Cleaning and inspection of commercial cooking operations; Chapter 50
  5. Operating self service gas stations; Chapter 42
  6. Operating marine fueling facilities and mobile marine fueling vehicles; Chapter 42
  7. Transportation of any combustible liquid; Chapter 42
  8. Crowd management services; Chapter 20; and
  9. Activities related to the operation and firing of muzzle-loading cannons; Chapter 65

1.13.1.1

AMENDMENT
This section has been amended at the state or city level.
No person shall conduct a business or engage in the work or activity prescribed in Section 1.13, unless the appropriate certificate(s) prescribed in Sections 1.13.5 through 1.13.11 have been issued and that such certificate is not expired, suspended, revoked, or fee not paid.

1.13.1.2

AMENDMENT
This section has been amended at the state or city level.
The following provisions shall apply to each certificate issued by the State Fire Marshal:
  1. Certificates shall be issued in such form as prescribed by the State Fire Marshal;
  2. Certificates shall not be transferable;
  3. Certificates shall be issued for the period of time as indicated on the certificate;
  4. Address change shall be reported in writing to the State Fire Marshal's Office within 14 days of such change to maintain validity of the affected certificate;
  5. Certificate shall not be issued to anyone younger than 18 years old;
  6. Any individual or company to whom a certificate has been granted shall, upon request, produce and show proper identification and the certificate to the AHJ or anyone for whom that individual or facility seeks to render services;
  7. Certificates shall not be altered;
  8. Any evidence of alteration of any certificate shall render certificate invalid. Altered certificates shall be surrendered to the State Fire Marshal or his or her designee; and
  9. Any insurance company providing coverage shall be licensed in the Commonwealth of Massachusetts by the Commissioner of Insurance.

1.13.2 Certificates Required by the State Fire Marshal

AMENDMENT
This section has been amended at the state or city level.
The following certificates shall be required and issued by the State Fire Marshal:
  1. Certificate of Competency (CC). Issued to a person, in the individual's name, authorizing the person named in the certificate to perform an activity prescribed Section 1.13.
    A valid CC shall be carried on the person at all times.
  2. Certificate of Registration (CR). Issued to a person, firm, company or other legal entity authorizing establishment, operation, and advertising of a business in the name stated on the certificate that performs an activity prescribed in Section 1.13.
    1. A CR shall be issued for each specific location of business activity.
    2. The holder of a CR shall not entitle the holder individually to carry out or execute the stated activity.
    3. The holder of a CR shall only advertise in the name as it is stated on the CR. Any sign, listing, or advertisement of the business shall display the certificate number.
    4. The holder of a CR shall report annually the name, address, and CC number of each certified person in his employ, in a manner acceptable to the State Fire Marshal.
    5. Every business issued a CR shall be properly equipped to perform the act or acts as permitted by the CR.
    6. Each CR shall be identified by type and shall bear an identifying number delineating as MA-CR-(number), the "MA" indicating it is a Massachusetts certificate.
    7. The Head of the Fire Department shall be notified in writing by the business conducting any service for which a certificate is required, within 48 hours of any deficiencies found and within 48 hours of the completion of the work to bring the system into compliance
  3. User Certificate (UC). Issued to a person, firm, company or other legal entity authorizing establishment and operation of a business in a name other than the name stated on the certificate, that performs an activity prescribed in Section 1.13.
    1. A UC shall be issued to each company, firm, corporation, or other legal entity with a place of business.
    2. Additional certificates shall be required to be issued contingent upon multiple place of business locations.
    3. The holder of a UC shall not entitle the holder individually to carry out or execute the stated activity.

1.13.3 Application for Certificate

AMENDMENT
This section has been amended at the state or city level.

1.13.3.1

AMENDMENT
This section has been amended at the state or city level.
Applications shall be made in writing, complete and legible, with the applicable fee, submitted to the State Fire Marshal.

1.13.3.2

AMENDMENT
This section has been amended at the state or city level.
The State Fire Marshal or his or her designee shall review every application for a certificate.

1.13.3.3

AMENDMENT
This section has been amended at the state or city level.
Application fees are nonrefundable.

1.13.3.4 Examination

AMENDMENT
This section has been amended at the state or city level.

1.13.3.4.1

AMENDMENT
This section has been amended at the state or city level.
The State Fire Marshal or his or her designee shall administer a written exam that measures the applicant's ability, knowledge and skill level.

1.13.3.4.2

AMENDMENT
This section has been amended at the state or city level.
The State Fire Marshal shall be permitted to allow an applicant to submit test results from an examination given by a third-party certification entity, taken within two years of the date of application.

1.13.3.4.2.1

AMENDMENT
This section has been amended at the state or city level.
The State Fire Marshal or his or her designees shall determine if said test measures the applicant's ability, knowledge and skill level in a manner equivalent to or greater than, the test administered by the State Fire Marshal.

1.13.3.4.2.2

AMENDMENT
This section has been amended at the state or city level.
The State Fire Marshal shall be permitted to establish other examination criteria based on other laws and regulations.

1.13.3.4.3

AMENDMENT
This section has been amended at the state or city level.
The State Fire Marshal or his or her designee shall conduct an inspection to determine that the applicant possesses the required equipment for the type of certificate sought. A reasonable opportunity shall be given to correct any deficiencies discovered by the inspection before the issuance of the certificate.

1.13.3.5 Incomplete Applications

AMENDMENT
This section has been amended at the state or city level.
When the State Fire Marshal or his designee determines that an application to receive a certificate is incomplete, inadequate, or does not otherwise comply with the provisions of this Code, policy, or any other applicable law, the State Fire Marshal shall refuse to issue said certificate. If the refusal is based on the applicant's inability to pass an examination given to determine competency, the applicant may reapply in accordance with the policy of the State Fire Marshal.

1.13.3.6 Applicants

AMENDMENT
This section has been amended at the state or city level.
  1. Applicants shall meet the eligibility criteria for the applicable certificate as established by the State Fire Marshal and provide documentation of knowledge and experience particular to the profession as required on the application for certificate.
  2. Applicants applying for a certificate issued under Section 1.13 shall furnish such documents or other evidence as prescribed by the State Fire Marshal, as a condition to the issuance of such certificate.

1.13.3.7 Renewal of Certificate

AMENDMENT
This section has been amended at the state or city level.

1.13.3.7.1

AMENDMENT
This section has been amended at the state or city level.
Unless stated otherwise, a certificate may be renewed upon written request of the holder, provided it is not expired, suspended, or revoked by the State Fire Marshal.

1.13.3.7.2

AMENDMENT
This section has been amended at the state or city level.
Renewal applications shall be accompanied by the appropriate fee and shall be submitted at least one month in advance of the expiration date, or as otherwise required by the State Fire Marshal.

1.13.3.7.3

AMENDMENT
This section has been amended at the state or city level.
Applicants submitting a renewal application shall meet the eligibility criteria for the applicable certificate as established by the State Fire Marshal.

1.13.3.7.4

AMENDMENT
This section has been amended at the state or city level.
Certificates shall expire as indicted in Table 1.13.12.

1.13.4 Revocation or Suspension of Certificates Issued by the State Fire Marshal

AMENDMENT
This section has been amended at the state or city level.

1.13.4.1

AMENDMENT
This section has been amended at the state or city level.
The State Fire Marshal may revoke or suspend any certificate for failing to comply with any provision of this Code, M.G.L. c. 148, or if any misrepresentations are submitted in the application on which the issuance was based.

1.13.4.1.1

AMENDMENT
This section has been amended at the state or city level.
Such revocation or suspension shall, where required under the provisions of M.G.L. c. 30A, be effective after the certificate holder has been given adequate notice and an opportunity for a hearing.

1.13.4.1.2

AMENDMENT
This section has been amended at the state or city level.
Any notice issued by the State Fire Marshal under this Code, shall be deemed delivered and received by said holder, if the notification is sent by certified mail, return receipt requested, to the last known address of said holder, according to the records of the State Fire Marshal at the time of such mailing.

1.13.4.1.3

AMENDMENT
This section has been amended at the state or city level.
Any person who engages in any work or trade after suspension of said license, certificate or registration issued by the State Fire Marshal shall be subject to a minimum 3 year suspension of said license, certificate or registration. Such suspension shall, where required under the provisions of M.G.L. 30A, be effective after the holder of the suspended license, certificate or registration has been given adequate notice and an opportunity to be heard on the sole issue of whether the holder of the suspended license, certificate or registration engaged in work which requires an active license, certificate or registration issued by the State Fire Marshal, pursuant to Section 1.13.

1.13.4.1.4

AMENDMENT
This section has been amended at the state or city level.
Any person who knowingly loans, sells, transfers or otherwise allows another to use their license, certificate or registration issued by the State Fire Marshal shall be subject to permanent revocation of all licenses, certificates or registrations issued by the State Fire Marshal they hold, without the eligibility for renewal. Said individual shall be permanently prohibited from applying for and holding any license, certificate or registration issued by the State Fire Marshal in the future. Such permanent revocation and prohibition shall, where required under the provisions of M.G.L. 30A, be effective after the holder of said licenses, certificates or registrations has been given adequate notice and an opportunity to be heard.

1.13.4.1.5

AMENDMENT
This section has been amended at the state or city level.
Any person who knowingly uses or possesses the license, certificate or registration of another or who otherwise falsely represents themselves as a holder of said license, certificate or registration issued by the State Fire Marshal, shall be permanently prohibited from applying for and holding any license, certificate or registration issued by the State Fire Marshal. Such prohibition shall be effective, where required under the provisions of M.G.L. 30A, after adequate notice and an opportunity to be heard.

1.13.4.1.6

AMENDMENT
This section has been amended at the state or city level.
Any holder of a Certificate of Registration or User Certificate who knowingly permits an unlicensed individual within their employ to use or possess the license, certificate or registration of another or to otherwise falsely represent themselves as a holder of a license, certificate or registration issued by the State Fire Marshal, shall be subject to a minimum 3 year suspension of said Certificate of Registration or User Certificate. Such suspension shall, where required under the provisions of M.G.L. 30A, be effective after the holder of the Certificate of Registration or User Certificate has been given adequate notice and an opportunity to be heard.

1.13.4.1.7

AMENDMENT
This section has been amended at the state or city level.
Any holder of a Certificate of Registration or User Certificate who knowingly permits an individual in their employ to violate any provision of this Code, other than Section 1.13.4.1.6, may be subject to suspension or revocation of said Certificate of Registration or User Certificate. Such suspension or revocation shall, where required under the provisions of M.G.L. 30A, be effective after the holder of the Certificate of Registration or User Certificate has been given adequate notice and an opportunity to be heard.

1.13.4.2 Instances Involving an Immediate Threat to Public Safety

AMENDMENT
This section has been amended at the state or city level.

1.13.4.2.1

AMENDMENT
This section has been amended at the state or city level.
The State Fire Marshal may suspend or revoke, prior to a hearing, any certificate, or any rights and privileges granted thereby, issued under this Code or M.G.L. c. 148, whenever the holder thereof has committed a violation of any law, ordinance or by law relating to the subject matter of M.G.L. c. 148, or any provision of this Code, the nature of which would give the State Fire Marshal reason to believe that the continued operation by such holder is and will be so seriously improper as to constitute an immediate threat to the public safety.

1.13.4.2.2

AMENDMENT
This section has been amended at the state or city level.
Upon such suspension or revocation, the State Fire Marshal shall forthwith send written notice thereof to the holder. Such notice shall specify the time and place of the violation.

1.13.4.2.3

AMENDMENT
This section has been amended at the state or city level.
The State Fire Marshal or his or her designee may order the certificate to be delivered to him or her forthwith.

1.13.4.2.4

AMENDMENT
This section has been amended at the state or city level.
The certificate shall not be reissued unless, upon examination or investigation, or after a hearing, the State Fire Marshal, or his designee determines that the certificate shall be reissued.

1.13.4.2.5

AMENDMENT
This section has been amended at the state or city level.
Said holder shall be entitled to a hearing within 30 days of the suspension or revocation.

1.13.5 Servicing Portable Fire Extinguishers and/or Fixed Fire Extinguishing Systems. [Chapter 13]

AMENDMENT
This section has been amended at the state or city level.
Table 1.13.5 Certificates Required
Chapter 13 Portable Fire Extinguishers and/or Engineered or Pre-engineered
Fixed Fire Extinguishing Systems or Performing of Hydrostatic
Testing
Certificate of Registration and Certificate of Competency
Activity Description Types for business
entities [Registration] 
Types for individuals
[Competency]

For the installation,
servicing, inspection,
testing alteration, 
repair, and recharging.

Note: For hydrostatic
testing of cylinders, see
Federal License
requirements and DOT
provisions

Self-serve Motor
Fuel Facilities.
Type 40 Type 41

Servicing portable fire
extinguishers.

Type 42 Type 46
Servicing engineered
fixed fire extinguishing
systems
Type 43 Type 47

Servicing pre-engineered
fixed fire extinguishing
systems.

Type 44 Type 48

1.13.5.1 General

AMENDMENT
This section has been amended at the state or city level.
To service portable fire extinguishers and/or fixed fire extinguishing systems, both a CC and a CR shall be required.

1.13.5.1.1

AMENDMENT
This section has been amended at the state or city level.
A CC shall be required for each person servicing fire extinguishers or systems.

1.13.5.1.2

AMENDMENT
This section has been amended at the state or city level.
A CR shall be required for each firm, company, corporation or other legal entity servicing fire extinguishers or systems.

1.13.5.1.3

AMENDMENT
This section has been amended at the state or city level.
Additional CR shall be required for each business location.

1.13.5.2 Certificate of Competency for Servicing Fire Extinguishers and Systems

AMENDMENT
This section has been amended at the state or city level.

1.13.5.2.1

AMENDMENT
This section has been amended at the state or city level.
An applicant requesting a certificate shall comply with the following;
  1. Submit a completed application in accordance with Section 1.13.3 for the servicing of portable fire extinguishers and/or fixed fire extinguishing systems, identifying applicable type of certificate (restriction(s)) to the State Fire Marshal's Office.
  2. An application for a Type 47 and a Type 48 certificate of competency shall be accompanied by a written attestation, enumerating the applicant's technical qualifications, competency, and experience to charge, recharge, repair, test, inspect and service engineered or pre-engineered systems.

1.13.5.2.2 Examination for Servicing Fire Extinguishers

AMENDMENT
This section has been amended at the state or city level.
  1. The State Fire Marshal shall establish a comprehensive written examination covering state laws, regulations and industry safety standards pertaining to this Code.
  2. The applicant shall successfully pass an examination as a prerequisite to the issuance of a certificate. The examination shall consist of multiple-choice, fill-in, true-false, or short answer questions, and may include the following topics:
    1. Diagrams, plans or sketches;
    2. Portable fire extinguishers: charging, recharging, servicing, testing, and inspecting;
    3. Engineered fixed fire extinguishing systems: charging, recharging, altering, repairing, testing, inspection, installation, and servicing;
    4. Pre-engineered fixed fire extinguishing systems; and
    5. Self service fire extinguishing systems.

1.13.5.3 Certificate of Registration for Servicing Fire Extinguishers and Systems

AMENDMENT
This section has been amended at the state or city level.

1.13.5.3.1

AMENDMENT
This section has been amended at the state or city level.
An applicant requesting a certificate for a firm, company, corporation or other legal entity shall submit a completed application in accordance with Section 1.13.3 for the servicing of portable fire extinguishers and/or fixed fire extinguishing systems, identifying applicable type of restriction(s).

1.13.5.4 Service Tags

AMENDMENT
This section has been amended at the state or city level.

1.13.5.4.1

AMENDMENT
This section has been amended at the state or city level.
The size, content, design and placement of service tags shall be prescribed by the State Fire Marshal.

1.13.5.4.2

AMENDMENT
This section has been amended at the state or city level.
Prior to printing a service tag, each firm holding a valid certificate of registration shall forward one sample of the service tag to the State Fire Marshal for approval.

1.13.5.4.3

AMENDMENT
This section has been amended at the state or city level.
One service tag shall be attached to each portable fire extinguisher, engineered or pre-engineered fixed fire extinguishing system or to a vessel which has been hydrostatically tested.

1.13.5.4.4

AMENDMENT
This section has been amended at the state or city level.
A service tag shall be affixed and indicate the date, initials and certificate number of the person who conducted the most recent test.

1.13.5.4.5

AMENDMENT
This section has been amended at the state or city level.
Any engineered, pre-engineered and self-service fire suppression system inspected and found to be in noncompliance with its listing or manufacturer's specifications shall have a service tag attached indicating noncompliance.

1.13.5.4.6 Noncompliance Service Tags

AMENDMENT
This section has been amended at the state or city level.

1.13.5.4.6.1

AMENDMENT
This section has been amended at the state or city level.
Installed noncompliance service tags shall be bright orange, have the words "Noncompliance" in block letters not less than 1/2 inch in height and be black in color

1.13.5.4.6.2

AMENDMENT
This section has been amended at the state or city level.
Tags shall contain the firm name, certificate of registration number, date of inspection, the reason for noncompliance and the initials and certificate of competency number of the person who conducted the inspection.

1.13.5.4.7 Theft or Loss of Service Tags

AMENDMENT
This section has been amended at the state or city level.

1.13.5.4.7.1

AMENDMENT
This section has been amended at the state or city level.
Any incident involving the loss or theft of service tag(s) must be reported to the State Fire Marshal and the police department within the jurisdiction where the loss or theft occurred within 72 hours. Failure to report such loss or theft shall result in the rebuttable presumption that the holder of the tag performed or allowed another to perform the services associated with said tag(s). Any person who unwittingly allows another to use their service tag(s) after a prudent license-holder would have cause to know of a loss or theft of same, or misappropriation or misrepresentation of identity, may have their Certificate of Competency and Certificate of Registration suspended for a minimum of 2 years.

1.13.6 Crowd Managers. [Chapter 20]

AMENDMENT
This section has been amended at the state or city level.
Table 1.13.6 Certificate Required
Chapter 20 Crowd Manager
Certificate of Competency
Activity Description
To an individual who will be managing
crowds of 100 or more people.
In a nightclub, dance hall, discotheque, or bar

1.13.6.1 General

AMENDMENT
This section has been amended at the state or city level.
For an individual to manage crowds of 100 or more in a nightclub, dance hall, discotheque or bar, a certificate of competency shall be required.

1.13.6.2 Certificate of Competency for Crowd Manager

AMENDMENT
This section has been amended at the state or city level.

1.13.6.2.1

AMENDMENT
This section has been amended at the state or city level.
An applicant requesting a CC shall comply with the following:
  1. Submit a completed application in accordance with Section 1.13.3 to the State Fire Marshal's Office;
  2. The applicant shall be 21 years of age or older;
  3. The applicant shall receive training, as required by the State Fire Marshal; and
  4. The applicant shall successfully complete the training course as a prerequisite to the issuing of a certificate.

1.13.7 Certificates Required by Chapter 11

AMENDMENT
This section has been amended at the state or city level.
In addition to the requirements set forth in 1.13 the specific provisions shall apply to the types of certificates as provided by 1.13.7 (1) (a) through (c).
  1. Oil Burner Technician and Apprentice.
    1. Certificate of Competency;
    2. Certificate of Completion; and
    3. Certificate of Compliance.

1.13.7.1* Oil Burner Technician and Apprentice

AMENDMENT
This section has been amended at the state or city level.
A certificate of competency shall be required as a precondition before any oil burning equipment or any of the appurtenances thereto, can be altered, repaired or installed.

A1.13.7.1 See M.G.L. c. 148, §§ 10C through 10H regarding, certificates oil burner installations.

1.13.7.1.1

AMENDMENT
This section has been amended at the state or city level.
A certificate of competency issued as an oil burner technician or as an apprentice shall be issued to the individual.

1.13.7.1.2

AMENDMENT
This section has been amended at the state or city level.
The holder of a certificate of competency as an oil burner apprentice shall be permitted only to assist via supervision of a licensed oil burner technician.

1.13.7.1.3

AMENDMENT
This section has been amended at the state or city level.
A certificate of competency, issued to a technician and apprentice, shall be carried on that person at all times and when requested shall display such certificate of competency on request.

1.13.7.1.4 Application

AMENDMENT
This section has been amended at the state or city level.
See application provisions in 1.13.3.

1.13.7.1.4.1 Renewal

AMENDMENT
This section has been amended at the state or city level.
License renewal application forms must be submitted no less than 30 days prior to the license expiration date.

1.13.7.1.5* Examination

AMENDMENT
This section has been amended at the state or city level.
Except as provided by 1.13.7.1.5.1, the examination provisions in 1.13.3.4 shall be required as a prerequisite to licensure.

A1.13.7.1.5 See the following references:
  1. M.G.L. c. 148, § 10C Alteration, repair or installation of oil burners; necessity of certificate; exceptions;
  2. M.G.L. c. 148, § 10D Certificate as oil burner technician; minimum age; application; fee; examination; duration of certificate; electrical work;
  3. M.G.L. c. 148, § 10E, governing apprentice certificates; fee; duration; expiration; renewal.

1.13.7.1.5.1

AMENDMENT
This section has been amended at the state or city level.
The examination provisions shall not be applicable as a prerequisite to licensure as an apprentice.

1.13.7.2 Certificate of Completion

AMENDMENT
This section has been amended at the state or city level.
Except as otherwise provided by 1.12.8.2.1, a certificate of completion, as it applies to