527 CMR BOARD OF FIRE PREVENTION REGULATIONS 527 CMR is amended by striking out chapters 1 through 11 and 13 through 50 and inserting, in place thereof, the following revised chapter: 527 CMR 1.00: MASSACHUSETTS COMPREHENSIVE FIRE SAFETY CODE Section: 1.01: Title 1.02: Purpose 1.03: Scope 1.04: Adoption by Reference 1.05: Modifications to NFPA 1-2012 Edition 1.01 Title. 527 CMR 1.00, as referred to as “this Code”, shall be known as the Massachusetts Comprehensive Fire Safety Code. 1.02 Purpose. The purpose and the intent of 527 CMR 1.00 is to prescribe minimum requirements and controls to safeguard life, property and public welfare from the hazards of fire and explosion created by the storage, handling or use of substances, materials or devices, or from conditions, or materials hazardous to life, property and the public welfare as prescribed in M.G.L. Chapters 22D and 148. 1.03 Scope. The scope of 527 CMR 1.00 includes, but is not limited to, the following in accordance with M.G.L. c. 22D and M.G.L c. 148 and as prescribed by M.G.L. c. 143 §96: (1) Rules and regulations for the keeping, storage, use, manufacture, sale, handling, and transportation or other disposition of the following: (a) Gunpowder, dynamite, crude petroleum or any of its products, or explosive or flammable fluids or compounds, tablets, torpedoes or any explosives of a like nature, or; (b) Any explosives, fireworks, firecrackers, or any substance having such properties that it may ignite, or generate flammable or explosive vapors or gases to a dangerous extent. (2) Rules and regulations to prescribe the location, materials and construction of buildings to be used for any of the purposes provided in 527 CMR 1.03 (1). (3) Rules and regulations to prevent or remedy any condition in or about any building, structure or other premises, or any ship or vessel which may tend to become a fire hazard or to cause a fire. (4) Rules and regulations to provide adequate safety requirements for the protection of the public in the event of a fire in or about any building, structure or other premises or any ship or vessel. Such rules shall require that any equipment, system or construction requirement relating to fire protection of persons or property within said building or structure, be installed in accordance with such applicable requirements as of the date of installation and shall be maintained in accordance with this Code. (5) Rules and regulations to provide for the safe storage, use, handling and manufacturing of corrosive liquids, oxidizing materials, toxic materials or poisonous gases. 1.04 Adoption by Reference. 527 CMR 1.00 adopts and incorporates, the provisions of (National Fire Protection Association) NFPA 1- 2012 edition as modified by 527 CMR 1.05. 1.05 Modifications to NFPA 1- 2012 Edition. NFPA 1- 2012 edition is modified, on a Chapter by Chapter basis, as follows: Chapter 1 Administration. Delete Chapter 1 in its entirety and revise to read as follows: 1.1 General Considerations. 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 other specialized codes 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 State Building Code or other specialized code 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. 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. 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 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. 1.1.4 Continued Maintenance of Any Equipment, System, Construction Requirement, Specification or Method Relating to Fire Protection. Notwithstanding the provisions of 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. 1.2 Reserved 1.3.2* Referenced Standards. 1.3.2.1 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. 1.3.2.2 Reserved. 1.3.2.3 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. c. 22D, 48, 148, 148A or other applicable provisions of Massachusetts Law 1.3.2.4 Reserved. 1.3.3 Conflicts. 1.3.3.1 When a requirement differs between this Code and a referenced document, the requirement of this Code shall apply. 1.3.3.2 When a conflict between a general requirement and a specific requirement occurs, the specific requirement shall apply. 1.3.3.3 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. 1.3.4 Reserved. 1.3.5 Vehicles and Marine Vessels. 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. 1.3.6.1 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* Except as provided in Section 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 Repairs renovations, alterations, reconstruction, change of occupancy, and additions to buildings shall conform to this Code, and the 780 CMR: The Massachusetts State Building Code as authorized by M.G.L.. 1.3.6.4 Newly introduced equipment, materials, processes and operations regulated by this Code shall comply with the requirements for this Code. 1.3.7 Severability. 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. The provisions of this Code shall not prevent the use of equivalencies, alternatives or modifications unless specifically prohibited herein. 1.4.1 Equivalencies. 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. 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. 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 this Code be complied with and public safety is secured. 1.4.4 Buildings with equivalency, alternatives, or modifications approved by the AHJ shall be considered as conforming with this Code. 1.4.5 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. 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. 1.4.7.1 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/her agent. 1.4.7.2 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 Copies of the results of all such tests shall be retained in accordance with Section 1.11. 1.5 Units. 1.5.1 International System of Units. 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. 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. This Code shall be administered and enforced by the AHJ. 1.7 Authority. 1.7.1 Administration. The provisions of this Code shall apply without restriction, unless specifically exempted. 1.7.2* Reserved. 1.7.3 Interpretations. 1.7.3.1 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. 1.7.3.2 Reserved. 1.7.4 Enforcement Assistance. 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. 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. 1.7.6 Inspections. 1.7.6.1 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. 1.7.6.1.1 Coordinated Inspections. In circumstances involving compliance with two or more Massachusetts codes, including, but not limited to, 780 CMR: The Massachusetts State Building Code, 248 CMR 10: Uniform State Plumbing Code, 527 CMR 12: Massachusetts Electrical Code (Amendments), 524 CMR: Elevator Code and 271 CMR: 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. 1.7.6.1.2 Notification to Other Officials. Whenever the AHJ observes an apparent or actual violation of some provision of law, ordinance, code or bylaw 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. 1.7.6.2 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. 1.7.6.3 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. 1.7.6.4 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. 1.7.6.4.1 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. 1.7.6.5 As used in 1.7.6.4, emergency shall mean conditions or circumstances that the AHJ knows, or has reason to believe, exist and that can constitute imminent danger. 1.7.6.6. Reserved. 1.7.7 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. 1.7.8 Interference with Enforcement. No person shall interfere or cause conditions that would interfere with an AHJ carrying out any duties or functions prescribed by this Code. 1.7.9 Impersonation. Persons shall not use a badge, uniform, or other credentials to impersonate the AHJ. 1.7.10 Reserved. 1.7.11 Plans and Specifications. 1.7.11.1 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. 1.7.12 Inspection of Construction and Installation. 1.7.12.1 The AHJ shall be notified by the person performing the work when the installation is ready for a required inspection. 1.7.12.2 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. 1.7.12.3 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. 1.7.12.4 The notice of violation shall identify the violation together with the Section of this Code in violation. 1.7.12.5 The AHJ may issue a stop work order at which time the work shall not continue until the violation has been corrected. 1.7.12.5.1 A stop work order, if issued, shall be incorporated with the notice of violation. 1.7.13 Certificate of Occupancy. When the building code requires a certificate of occupancy, the certificate of occupancy shall be issued in accordance with the building code. 1.7.14 Stop Work Order. The 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. 1.7.15 Imminent Dangers and Evacuation. 1.7.15.1 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 conditions 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. 1.7.16 Reserved. 1.7.17 Public Fire Education. 1.7.17.1 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. 1.7.17.2 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. 1.8 Reserved. 1.9 Reserved. 1.10 Fire Prevention Regulations Appeals Board. 1.10.1 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 sixteen 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. 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. 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 780 CMR: The Massachusetts State 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, §§ Sections 26A ½, 26G, 26G½, 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 527 CMR 12: 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 the Massachusetts Fire Safety 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. 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 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 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. 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 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 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 The chairman shall give at least 10 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. 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 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 The appeals board may grant a variance from any provision of the Massachusetts Fire Safety Code and related rules and regulations in any particular case and determine the suitability of alternate materials or methods of compliance and provide reasonable interpretations of the Massachusetts Fire Safety Code consistent with the purpose thereof. 1.10.1.6 Record of Appeals Board Decisions. 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. 1.11.1 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 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. 1.11.3.1 Reserved. 1.11.3.2 The fire department shall report all incident data collected in accordance with the provisions of Massachusetts General Law including M.G.L. c 6A, §18 ¾ (8) and M.G.L. 148, § 2 and 3. 1.11.4 All records shall be retained in accordance with the manner and duration required by the Massachusetts Public Records Law. 1.12 Permits and Approvals. 1.12.1 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 The AHJ shall be authorized to issue permits and approvals as required by this Code. 1.12.1.3 Persons named in the application for a permit shall comply with this Code. 1.12.2 Applications for permits issued by the AHJ shall be accompanied by such data as required by the AHJ and such fees as required by Massachusetts General Laws. . 1.12.2.1 The AHJ shall review all applications submitted and issue permits as required. 1.12.2.2 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 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. 1.12.3.1 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 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. 1.12.4.1 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 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. 1.12.5.1 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. 1.12.5.2 Such violations shall be cause for immediate suspension or revocation of any related approvals or permits issued. 1.12.5.3 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. 1.12.6.1 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 Unless specifically stated otherwise, permits required in Section 1.12.8 shall be issued by the Head of the Fire Department and issued as a precondition before conducting any work or activity regulated under the provisions of this Code. 1.12.6.2 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 Where additional permits or approvals are required by other agencies, approval shall be obtained from those other agencies. 1.12.6.4 The AHJ shall have the authority to require or conduct an inspection prior to the issuance of a permit. 1.12.6.5 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 1.12.6.8. 1.12.6.6 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 Any change that affects any of the conditions of the permit shall require a new or amended permit. 1.12.6.8 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 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 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 No permit issued under this Code shall be interpreted to justify a violation of any provision of this Code or any other applicable law or regulation. 1.12.6.12 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 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 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. 1.12.7.1 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 Revocation or suspension shall be constituted when the permittee is duly notified by the AHJ. 1.12.7.3 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. A permit and an application for permit shall be required as prescribed in Section 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 Section 1.12.8. 1.12.8.1 Fire in the Open Air. 1.12.8.1.1 Permit holder shall be present at such burning to control the fire until it is entirely extinguished. 1.12.8.1.2 Open air burning permits shall be issued for a period not exceeding two days from the date of the permit. 1.12.8.1.3 Any person may burn a Christmas tree during the period from December 26 to January 7. 1.12.8.1.4 Burning Debris. A permit for burning debris resulting from the demolition of a building shall cover a period not exceeding two days from the date of the permit. 1.12.8.1.5 Removal of Paint using a Torch. 1.12.8.1.5.1 Permit. 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. 1.12.8.1.6 Permits not Required. 1.12.8.1.6.1 The personal use and handling of an alcohol based hand rub preparation is exempt from the permitting requirements. 1.12.8.1.6.2 The storage of alcohol based hand rub preparations, in excess of ten gallons, shall comply with the requirements of this Code. Table 1.12.8.1 Permits Required Chapters 10 General Requirements Work/ Activity Issuing Code Section/ MGL Authority Open Air Burning Forest Warden M.G.L. c. 48, § 13 Burning demolition/ building debris. Head of Fire Section 10.11.4 for open Department fires Ceremonial Bonfires. M.G.L. c. 111, § 142 H and I Section 10.11.4.1 and 10.11.4.2 Use of candles, open flames, and portable Section 10.11.1 cooking in assembly areas, dining areas of restaurants, and drinking establishments. Burning of Christmas trees. M.G.L. c. 111, § 142G Section 1.12.8 and 10.11.4 and 10.14 Use of a torch or other flame or heat producing Section 10.11.9.1 device. Use of canine guards Section 10.22.1 . Fumigation and insecticidal fogging. Section 10.21.1 Storage of combustible goods > 2500 cu. ft. Section 10.19.2 (70.8 m3) gross volume. Section 10.16.2 1.12.8.2 Oil Burners and Fuel-Oil. 1.12.8.2.1 Permit Requirements. 1.12.8.2.1.1 In accordance with M.G.L. c.148, §38J, on a form approved by the State Fire Marshal, a document indicating that each fuel line is enclosed with a continuous non-metallic sleeve or is otherwise equipped with an oil safety valve, shall be submitted with the application for permit, when applicable. 1.12.8.2.1.2 Inspection. 1.12.8.2.1.2.1 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. 1.12.8.2.2 Permit Not Required. 1.12.8.2.2.1 A permit shall not be required for routine maintenance, such as the replacement of nozzles, ignition electrodes, or filters; however, a combustion performance test shall be conducted. 1.12.8.2.3 Emergency Conditions. 1.12.8.2.3.1 If an oil burner installation is made under emergency conditions, said application shall be made within 24 hours thereafter, excluding Saturdays, Sundays and holidays. 1.12.8.2.4 Fuel Oil Deliveries. 1.12.8.2.4.1 Fuel oil shall not be delivered to any storage tank unless the deliverer has knowledge that a permit has been obtained. 1.12.8.2.4.1.1 Such knowledge may be considered to consist of any of the following: (1) Verification by the Head of the Fire Department that such a permit is in effect. (2) Written verification from the owner or customer that the permit is either in his possession or is posted on the premises. (3) Observation that such a permit is in the possession of the owner or customer, or is posted on the premises. Table 1.12.8.2 Permits Required Chapter 11 Oil Burners and Fuel-Oil. Work/ Activity Issuing Authority Code Section/ MGL Installation or alteration of any fuel oil burning Head of Fire Section 11.5.1.8 equipment. Department MGL c.148 §10A; 23 and 24 Storage of fuel oil in excess of ten gallons used in connection with an oil burner. Installation or removal of a fuel storage tank (unless Section 11.5.1.10.5 .6 and (6) provided otherwise in Chapter 66). and 11.5.10.5.1 1.12.8.3 Smoke, Fire and Carbon Monoxide Protection System. 1.12.8.3.1. 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 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 No permit shall be required for the replacement, in kind, of an individual device (battery, smoke detector/alarm, carbon monoxide detector/alarm). Table 1.12.8.3 Permits Required Chapter Fire Protection System and Related Equipment. 13 Work/ Activity Issuing Code Section/ MGL Authority Sale or transfer CO/ smoke devices Head of Fire Chapter 13 installations [≤ 5 dwelling units]. Department Installations of carbon monoxide protection Section 13.7.1.4.9 technical options. Section 13.13.2.13 Fire protection system and related equipment. Chapters 42 and 69 Replacement or disconnection of any fire Chapters 13 and 50 protection system. 1.12.8.4 Safeguarding Construction, Alteration, and Demolition Operations. 1.12.8.4.1 Permits must be obtained at least two days prior to the placement of a tar kettle on a roof. Table 1.12.8.4 Permits Required Chapter Safeguarding Construction, Alteration, and Demolition Operations 16 Work/ Activity Issuing Code Section Authority Torch-applied roofing operations Head of Fire Section 10.11.9.1 and 16.6.1 Department Placement of a tar kettle on a roof Section 10.11.9.1 and 16.7.1.2 Use of salamanders Section 16.1.1.1 1.12.8.5 Combustible Waste and Refuse. 1.12.8.5.1 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 Containers shall be marked with the name and telephone number of the company who can be reached in an emergency. Table 1.12.8.5 Permits Required Chapter Combustible Waste and Refuse and Rubbish Containers 19 Work/ Activity Issuing Authority Code Section Rubbish containers > 6 cubic yards Head of Fire Department Section 19.1.1 1.12.8.6 Occupancy Fire Safety. 1.12.8.6.1 Unvented Heaters. 1.12.8.6.1.1 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 Before operation of such heater, the Head of the Fire Department and the local or state plumbing/gas inspector shall inspect the installation. Table 1.12.8.6 Permits Required Chapter 20 Occupancy Fire Safety Work/ Activity Issuing Code Section Authority Exhibits or displays in mall areas Head of Fire Section 20.1.5.5.1 Storage, handling, use, or display of cellulose nitrate Department Section 20.15.7.2 film Unvented propane or natural gas-fired space heaters Sections 20.2.4.5, 20.3.2.1, 20.8.2.6.1, 20.9.2.2.1, 20.10.2.1, 20.11.2.1 1.12.8.7 Chapter 21 Reserved. 1.12.8.8 Chapter 22 Reserved. 1.12.8.9 Cleanrooms. Table 1.12.8.9 Permits Required Chapter 23 Cleanrooms Work/ Activity Issuing Authority Code Section/ Chapter Use, storage or Head of Fire Department Section 23.3 handling of Chapter 60 through 75 hazardous materials 1.12.8.10 Dry Cleaning. Table 1.12.8.10 Permits Required Chapter 24 Dry Cleaning Work/ Activity Issuing Authority Code Section/ Chapter Use, storage or Head of Fire Department Section 24.2 handling of Chapters 60 through 75 hazardous materials 1.12.8.11- 1.12.8.15 Chapters 25- 29 Reserved. 1.12.8.16 Motor Fuel Dispensing Facilities and Repair Garages. Table 1.12.8.16 Permits Required Chapter 30 Motor Fuel Dispensing Facilities and Repair Garages Work/ Activity Issuing Authority Code Section/ Chapter Use, storage or Head of Fire Department Section 30.1.1.3 handling of Chapters 60 through 75 hazardous materials 1.12.8.17 Forest Products. Table 1.12.8.17 Permits Required Chapter Forest Products 31 Work/ Activity Issuing Code Section Authority Storage of mulch > 300 cubic yards. Head of Section 31.2 Fire Department 1.12.8.18 Motion Picture and Television Production Studio Soundstages and Approved Production Facilities. 1.12.8.18.1 Notification. 1.12.8.18.1.1 A permit shall not be required provided notification is given to the Head of the Fire Department for production locations where 15 to 30 on-site personnel are present, and permits are not specifically required by 1 through 9, as provided in Table 1.12.8.18. Table 1.12.8.18 Permits Required Chapter Motion Picture and Television Production Studio Soundstages and Approved 32 Production Facilities Work/ Activity Issuing Authority Code Section For activities listed Head of Fire Department Section 32.4.2 (1) Use of pyrotechnic special effects Section 32.5.2 [Section 65.3]. (2) Use of open flames. [Section 65.4]. (3) Welding and cutting [Chapter 41]. (4) Storage and use of flammable or combustible liquids of gases [Chapters 63 and 66]. (5) Use of aircraft. (6) Presence of motor vehicles within a building. (7) Productions with live audiences. (8) Storage and use of liquefied petroleum gases. [Section 69.1] (9) Use of fog and haze. 1.12.8.19 Chapter 33 Reserved. 1.12.8.20 Chapter 34 Reserved. 1.12.8.21 Chapter 35 Reserved. 1.12.8.22 Dust Explosion and Fire Prevention. Table 1.12.8.22 Permits Required Chapter 40 Dust Explosion and Fire Prevention Work/ Activity Issuing Authority Code Section An operation that uses Head of Fire Department Section 40.2 or produces combustible dust.