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[ADOPTED 5-4-1998 ATM, ART 24]
§ 94-1. Acceptance of MGL C148 §26E (a)
§ 94-2. Inspection of smoke detectors
§ 94-3. Maintenance, repair and replacement of smoke detectors
§ 94-4. Fire Department accessibility
§ 94-5. Penalty for violation of regulation relative to transportation of explosives or inflammable fluids or compounds.
§ 94-6. Shut off, disconnection, obstruction, removal or destruction of fire protection equipment prohibited without permit; exception; penalty.
§ 94-7. Prohibition against piling snow on fire hydrants.
§ 94-8. Blank cartridges, toy pistols, fireworks.
§ 94-9. Bond for manufacture and storage of fireworks.
§ 94-10. Dropping or throwing from vehicle lighted cigarettes, cigars, matches penalized.
§ 94-11. Entry upon premises and removal of combustible materials regulated; Penalty.
[HISTORY: Adopted as 5-4-1998 ATM, Art. 24 as Chapter 18, Fire Regulations; moved to Chapter 94, 5-3-1999ATM Art. 28. Amendments noted where applicable.]
GENERAL REFERENCES
Alarms – See Ch. 17
Fire Department – See Ch 17
Non Criminal Disposition – See Ch 1
§ 94-1. Acceptance of MGL Chapter 148, Section 26E (a)
The Town of Great Barrington accepts the provisions of Massachusetts General Law Chapter 148, Section 26E (a) ‘Residential buildings or structures; installation of new smoke detectors.’ M.G.L. ch. 148, sec 26E (a) is attached.
THE COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS GENERAL LAW, CHAPTER 148
WILLIAM FRANCIS GALVIN, SECRETARY OF THE COMMONWEALTH
Section 26E. Residential buildings or structures; installation of smoke detectors.
Section 26E.(a) In any city or town which accepts this subsection, one and two family dwellings occupied in whole or in part for residential purposes and not regulated by section twenty six A or twenty six B shall be equipped with approved smoke detectors. Owners of such buildings or structures shall install either an approved monitored battery powered smoke detector or an approved primary power smoke detector on each level of habitation and on the basement level; provided however, that the head of the Fire Department shall allow the installation of approved monitored battery powered smoke detectors. Such approved smoke detectors shall be installed in the following manner; an approved smoke detector shall be installed on the ceiling of each stairway leading to the floor above;
near the base of, but not within each stairway and an approved smoke detector shall be installed outside each separate sleeping area.
§ 94-2. Inspection of smoke detectors.
Before any apartment, studio, condominium, dwelling unit, or any similar housing unit is rented or leased for residential purposes, it shall be inspected by the head of the fire department, or his designee for compliance with the minimum requirements of M.G.L. ch 148, sec. 26E for smoke detectors.
§ 94-3. Maintenance, repair and replacement of smoke detectors.
It shall be the responsibility of the occupants of the apartment, suite, studio, condominium, dwelling unit, or similar housing unit to periodically test, or have tested, all smoke detectors to assure that they are in working order and to report any defective or malfunctioning smoke detectors to the responsible party for immediate repair or replacement.
§ 94-4. Fire Department accessibility [Adopted 5-3-1999 ATM, Art 12]
On any new construction or substantial renovation in the Town of Great Barrington in which a fire alarm system or fire warning system is installed, pursuant to 527 CMR Board of Fire Prevention Regulations, M.G.L. Ch. 148 Massachusetts Fire Law, or 780 CMR State Building Code, shall have a box, safe, vault or other secure enclosure commonly known as a “lock box” affixed to the building at a location readily accessible to the Fire Department in which keys to all interior locks as well as any information deemed necessary by the Fire Chief or his designee, such as the location of utilities and hazardous storage, will be kept. The key to open the “lock box” shall be the key standard to the Great Barrington Fire Department for such use.
§ 94-5. Penalty for violation of regulation relative to transportation of explosives or inflammable fluids or compounds. [Adopted 5-7-2001 ATM, Art 12]
Whoever knowingly violates or knowingly causes or permits the violation of any regulation adopted and prescribed for the transportation of gunpowder and other explosives or explosives or inflammable fluids or compounds shall be punished in accord with the non-criminal dispensation method of enforcement contained in Chapter 1 of these bylaws.
§ 94-6. Shut off, disconnection, obstruction, removal or destruction of fire protection equipment prohibited without permit; exception; penalty. [Adopted 5-7-2001 ATM, Art. 12]
Except as hereinafter provided, no person shall shut off, disconnect, obstruct, remove or destroy, or cause or permit to be shut off, disconnected, obstructed, removed or destroyed, any part of any sprinkler system, water main, hydrant or other device used for fire protection in any building owned, leased or occupied by such person or under his control or supervision, without first procuring a written permit so to do from the chief of the fire department or his designee of the town, which permit the chief is hereby authorized to issue subject to such terms and conditions as, in his judgment, protection against fire and the preservation of the public safety may require. This section shall not prevent the temporary shutting off or disconnection or partial removal of such a system, main,
hydrant or other device for the purpose of making necessary repairs or preventing freezing or other property damage; provided, however, that the chief of the fire department is notified immediately of such emergency action. The chief of the fire department shall also be notified when the system, main, hydrant or other device is placed back in service. Violation of this section shall be punished in accord with the non-criminal dispensation method of enforcement contained in Chapter 1 of these bylaws.
§ 94-7. Prohibition against piling snow on fire hydrants. [Adopted 5-7-2001 ATM, Art. 12]
No person other than an employee of the town in the service of an independent contractor acting for the commonwealth or the town shall pile, push or plow snow or ice on or against any fire hydrant or other similar device used for fire protection which is located in any public or private way so as to conceal such hydrant or devise or cover any outlet thereof. Whoever violates this section shall be punished in accord with the non-criminal dispensation method of enforcement contained in Chapter 1 of these bylaws.
§ 94-8. Blank cartridges, toy pistols, fireworks. [Adopted 5-7-2001 ATM, Art. 12]
No person shall sell, or keep or offer for sale, or have in his possession, or under his control, or use, or explode, or cause to explode, any combustible or explosive composition or substance, or any combination of such compositions or substances, or any other article, which was prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation.
For the purposes of this section the “fireworks” shall include compositions, substances or other articles and shall also include blank cartridges or toy cannons in which explosives are used, the type of toy balloon which requires fire underneath to propel the same, firecrackers, cherry bombs, silver salutes, M-80’s, torpedoes, skyrockets, Roman candles, sparklers, rockets, wheels, colored fires, fountains, mines, serpents, or other fireworks of like construction or any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance.
Whoever shall sell or keep for sale or offer for sale any fireworks in violation of this section shall be punished in accord with the non-criminal dispensation method of enforcement contained in Chapter 1 of these bylaws.
Whoever shall have in his possession or under his control, or whoever shall use or explode any fireworks in violation of this section shall be punished in accord with the non-criminal dispensation method of enforcement contained in Chapter 1 of these bylaws.
The term “fireworks” as used herein shall not include toy pistols, toy canes, toy guns or other devices in which paper caps or plastic caps containing twenty-five hundredths grains or less of explosive compound are used, if they are so constructed that the hand cannot come in contact with the cap when in place for the explosion, or toy pistol paper caps or plastic caps which contain less than twenty hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times; and provided, further that this section shall not apply:
1. to the sale of any fireworks to be shipped directly out of the commonwealth, or
2. to the sale of any such article for the use of, and its use by, persons having obtained a permit for the supervised display of such fireworks from the fire chief or some officer designated by him therefore, under any provision of section thirty-nine A, or
3. to the sale of flares, lanterns or fireworks for the use of, and their use by, railroads, railways, boats, motor vehicles other transportation agencies, or other activity, lawfully permitted or required to use any or all of such articles for signal purposes, illumination or otherwise, or
4. to the sale or use of blank cartridges for a duly licensed show or theatre or for signal or ceremonial purposes in athletics or sports, or to the sale of special blank cartridges and their use in the proper operation of industrial tools and equipment only, or
5. to experiment at a factory for explosives, or
6. to the sale of blank cartridges for the use of, or their use by, the militia or any organization of war veterans or other organizations authorized by law to parade in public, a color guard armed with firearms, or
7. in teaching the use of firearms by experts, or
8. to the sale of shells for firearms, cartridges, gunpowder, and for the purpose of using, and their use, or in connection with the hunting of game or in target practice with firearms, or
9. to farmers and fruit growers who, having obtained a permit under section thirteen of chapter forty-eight of the General Laws, use firecrackers for control of damage to their crops by birds.
§ 94-9. Bond for manufacture and storage of fireworks. [Adopted 5-7-2001 ATM, Art. 12]
No person shall store fireworks in quantities except such as may be permitted by the rules and regulations of the Massachusetts board of fire prevention outside the premises of a fireworks manufactory in any building or other structure located within one thousand feet of any church, theatre, hall, place of assembly, factory or any inhabited building, nor shall any person manufacture fireworks, unless he has previously filed with the clerk of the town in which a bond running to the treasurer of the town with a surety or sureties approved by the said treasurer in such penal sum, not less than ten thousand dollars, as the selectmen of the town, with the approval of the fire chief, shall determine to be necessary to cover the losses, damages or injuries that might ensue from the said
manufacture or storage. The bond shall be conditioned upon the payment of any judgment obtained in an action against said person so manufacturing or storing fireworks for or on account of any loss, damage or injury resulting to persons or property by reason of the said manufacture or wholesale storage. Such person shall pay to the said clerk the fee provided by clause (16) of section thirty-four of chapter two hundred and sixty-two of the general laws.
§ 94-10. Dropping or throwing from vehicle lighted cigarettes, cigars, matches penalized. [Adopted 5-7-2001 ATM, Art. 12]
Whoever drops or throws from any vehicle while the same is upon a public or private way running along or near forest lands or open fields, or, except as permitted by law, drops, throws, deposits or otherwise places in or upon forest land, any lighted cigarette, cigar, match, live ashes or flaming or glowing substance, or any substance or thing which in and of itself is likely to cause a fire, shall be punished in accord with the non-criminal dispensation method of enforcement contained in Chapter 1 of these bylaws.
§ 94-11. Entry upon premises and removal of combustible materials regulated; penalty. [Adopted 5-7-2001 ATM, Art12]
The chief of the fire department or any person to whom the chief of the fire department may delegate his authority in writing may, and upon, complaint of a person having an interest in any building or premises or property adjacent thereto, shall, at any reasonable hour, enter into buildings and upon premises, which term for the purposes of the remainder of this section shall include alleys adjacent thereto, within their jurisdiction and make an investigation as to the existence of conditions likely to cause fire. They shall, in writing, order such conditions to be remedied, and whenever such officers or persons find in any building or upon any premises any accumulation of combustible rubbish including, but not limited to, waste paper, rags, cardboard, string, packing material, sawdust,
shavings, sticks, waste leather or rubber, broken boxes or barrels or any other refuse or useable materials that is or may become dangerous as a fire menace or as an obstacle to easy ingress into or egress from such buildings or premises, they shall, in writing, order the same to be removed or such conditions remedied. Notice of such order shall be served upon the owner, occupant or his authorized agent by a member of the fire or police department. If said order is not complied with within twenty-four hours, the person making such order shall be served, or any person designated by him, may enter into such building or upon such premises and remove such refuse or any useable material or abate such conditions as the expense of such owner or occupant. Any expense so incurred by the town, shall be a debt due the town upon completion of such removal or abatement and the rendering of an account therefore to the owner. The provisions of the second paragraph of
section three A of chapter one hundred and thirty-nine of the general laws, relative to liens for such debt and the collection of the claims for such debt, shall apply to any debt referred to in this section, except that the chief of the fire department shall act hereunder in place of the board of selectmen. Any such owner or occupant who fails or refuses to comply with said order shall be punished by a fine of not more than fifty dollars for each consecutive forty-eight hours during which such failure or refusal to comply continues.
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