Fire Prevention

Application of Certain Sections. Section 2. Sections six, ten and thirteen to twenty-three, inclusive, shall not apply to the metropolitan district. Sections twenty-eight to fifty-one, inclusive, shall apply only to the said district.

[1914, c. 795, Sect. 28; 1920, c. 436, Sect. 2.]

Delegation of Powers

Sect. 31. The marshal may delegate the granting and issuing of any licenses or permits authorized by sections thirty to fifty-one, inclusive, or the carrying out of any lawful rule, order or regulation of the department, or any inspection required under said sections, to the head of the fire department or to any other designated officer in any city or town in the metropolitan district.

[1914, c. 795, Sect. 4.]

Paint or Inflammable Fluids

Sect. 32. No paint, oil, benzine, naphtha or other inflammable fluid shall be kept or stored in bulk or barrel otherwise than in the tank of an automobile, motor boat or stationary engine, in total quantity exceeding ten gallons, in any part of any building used for habitation, or within fifty feet of any building used for dwelling purposes, unless such paint, oil or other inflammable fluid is inclosed within a fireproof room or structure, constructed and arranged to the satisfaction of the marshal; and no paint, oil, benzine, naphtha or other inflammable fluid, except for domestic purposes, shall be kept, used, stored or sold in any part of any building used for habitation unless a permit therefor has first been obtained from the marshal under such terms and conditions as he may prescribe

[1914, c. 795, Sect. 6; 4 Op. A. G. 397.] [For penalty, see Sect. 51.]

Combustible Materials

Sect. 33. No part of any building used for habitation, nor that part of any lot within fifty feet of any building so used, shall be used for the storage, keeping or handling of any combustible article for other than domestic purposes, or of any article or material that may be dangerous to the public safety as a fire menace, unless a permit has first been obtained therefor from the marshal. No part of any such building shall be used as a carpenter's shop, nor for the storage, keeping or handling of feed, hay, straw, excelsior, shavings, sawdust, cotton, paper stock, feathers or rags, except under such terms and conditions as the marshal may prescribe.

[1914, c. 795, Sect. 7.]. [For penalty, see Sect. 51.]

Removal of Combustible Refuse

Sect. 34. The marshal or such person as he may designate may require the removal and destruction of any heap or collection of refuse or debris that in his opinion may become dangerous as a fire menace.

Neglect on the part of either the owner or occupant, or both, to remove the cause of complaint under this or the preceding section, after notice thereof has been served, shall be deemed a refusal; and the marshal or the person whom he may designate may enter upon the premises and remove such material or article and the containers thereof as may be covered by or mentioned in the notice issued. The material or articles removed, if of no substantial value, shall be destroyed; otherwise they shall be placed in storage, and the total costs attending such action shall be paid by the owner or occupant.

[1914, c. 795, Sect. 8.] [For penalty, see Sect. 51.]

Use of Salamanders

Sect. 35. No salamander or stove for drying plaster shall be used in any building except under such conditions as may be prescribed by the marshal; and no such salamander or stove shall be set upon a wooden floor unless it is raised above the floor at least four inches and set upon brick or other incombustible material in a bed of sand at least two inches thick, spread upon the floor and covering an area of at least two feet in all directions larger than the area of the salamander or stove.

[1914, c. 795, Sect. 9.] [For penalty, see Sect. 51.]

Automatic Sprinklers

Sect. 36. Any building used in whole or in part for the business of woodworking, or for the business of manufacturing or working upon wooden, basket, rattan or cane goods or articles, or tow, shavings, excelsior, oakum, rope, twine, string, thread, bagging, paper, paper stock, card-board, rags, cotton or linen, or cotton or linen garments or goods, or rubber, feathers, paint, grease, soap, oil, varnish, petroleum, gasoline, kerosene, benzine, naphtha or other inflammable fluids, and any building used in whole or in part for the business of keeping or storing any such goods or articles, except in such small quantities as are usual for domestic use or for use in connection with and as incident to some business other than such keeping or storing, shall, upon the order of the marshal, be equipped with automatic sprinklers; provided, that no such order shall apply to any building unless four or more persons live or are usually employed therein above the second floor.

[1914, c. 795, Sect. 10; 4 Op. A. G. 585. [For penalty, see Sect. 51.]

Dry Pipes in Basements

Sect. 37. The basements of any buildings shall, upon written notice by the marshal to the owners of the buildings, be equipped with such dry pipes with outside connections as he may prescribe.

[1914, c. 795, Sect. 11.] [For penalty, see Sect. 51.]

Penalty

Sect. 38. Owners of buildings who, within six months after having received written notice from the marshal under section thirty-six or thirty-seven, fail to comply with the requirement of such notice shall be punished by a fine of not more than one thousand dollars.

[1914, c. 795, Sect. 12.]

Rules as to Fires and Fire Protection

Sect. 39. In addition to the powers given by sections thirty to thirty-eight, inclusive, the marshal may make orders and rules relating to fires, fire protection and fire hazard binding throughout the metropolitan district, or part thereof, or binding upon any person or class of persons within said district, limited, however, to the following subjects:

A.    Requiring the keeping of portable fire extinguishers, buckets of water or other portable fire extinguishing devices on any premises by the occupant thereof, and prescribing the number and situation of such devices.

B.    Prohibiting or regulating the accumulation and requiring the removal of combustible rubbish, including waste paper, cardboard, string, packing material, sawdust, shavings, sticks, rags, waste leather and rubber, boxes, barrels, broken furniture and other similar light or combustible refuse.

D.   Causing obstacles that may interfere with the means of exit to be removed from floors, halls, stairways and fire escapes.

E.    Ordering the remedying of any condition found to exist in or about any building or other premises or any ship or vessel in violation of any law, ordinance, by-law, rule or order in respect to fires and the prevention of fire.

H. Requiring the cleaning of chimney flues and vent pipes.

I. Requiring proper safeguards to be placed and maintained about or over roof skylights.

K. Requiring that all signs and advertising devices erected on buildings shall be approved by said marshal.

M. Defining the classes of buildings to be equipped with sprinkler protection as provided by section thirty-six. [1914, c. 795, Sect. 13; Op. A. G. 580.]

Orders to Occupant or Owner. Sect. 41. If buildings or other premises are owned by one person and occupied by another under lease or otherwise, the orders of the marshal shall apply to the occupant alone, except where the rules or orders require the making of additions to or changes in the premises themselves, such as would immediately become real estate and be the property of the owner of the premises. In such cases the rules or orders shall affect the owner and not the occupant; and unless it is otherwise agreed between the owner and the occupant, the occupant whose use of the premises has caused the making of such additions or changes, in addition to his rent or other payments, shall, after the additions or changes are made, pay a reasonable per cent of the cost thereof annually to the owner of the premises. No rule or order shall be made or enforced which requires an expenditure by the owner or occupant of more than five per cent of the last annual assessed valuation of the land and buildings to which such rule or order relates.

[1914, c. 795, Sect. 22; 4 Op. A. G. 572.]

Appeals. Sect. 45. The marshal shall hear and determine all appeals from the acts and decisions of the heads of fire departments and other persons acting or purporting to act under his authority, done or made or purporting to be done or made under the provisions of sections thirty to fifty-one, inclusive, and shall make all necessary and proper orders thereon. Any person aggrieved by any such action of the head of a fire department or other person may appeal to the marshal.

[1914, c. 795, Sect. 18.]

Tanks for Storage of Fluid. Sect. 54. No person shall construct, maintain or use any tank or container of more than ten thousand gallons capacity, unless constructed principally of wood, for the storage of any fluid other than water, unless the same is underground, without first securing a permit therefor from the marshal. Whoever violates this section or a rule or regulation made under the following section shall be punished by a fine of not less than fifty nor more than one thousand dollars.

[1919, c. 303, Sects. 1, 3.]

Rules and Regulations. Sect. 55. The department shall make rules and regulations governing the construction, use and maintenance of tanks to which the preceding section applies. Such rules and regulations shall not take effect until approved by the governor and council, and filed in the office of the state secretary.

[1919, c. 303, Sect. 2.]

Department of Public Safety may make rules for keeping, storage or use of crude petroleum or any of its products. [See Sect. 10-11, Chapter 148, General Laws.]