massachusetts department of fire services-division of fire safety permits and permitting...

Massachusetts Department of Fire Services-Division of Fire

Safety

Permits and Permitting

Massachusetts General Law Chapter 148

527 CMR 1-50


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Overview Statutory-regulatory relationship. Statutory authority to issue permits. Application for Permit/Permits Forms. Issuance of permits. Denial of permits. Conditions of permits. Regulatory requirements for permits.


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Application for Permit Form Usually on a form provided by the

Marshal. May be a combined application/permit

form. Communities may in most cases create

their own variety of application forms. There are several exceptions when the official form must be used which we will discuss.


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Permit Forms Usually on a form provided by the

Marshal. Communities may in most cases create

their own applications. There are several exceptions when the official form must be used which we will discuss.

No prohibition regarding electronic forms.


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Issuance of Permits Application for permits should be

acted on promptly. Avoid granting “verbal” permits

except in emergency situations. Clearly state any conditions or

restrictions on the permit or attach an addendum.


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Conditions of Permits Not authority to violate or set

aside any provision of 527 CMR. Permits remain in effect until

revoked or for a time period specified on the permit.

Permits are not transferable. Change in use, ownership, operation or tenancy requires a new permit.


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Conditions of Permit (continued)

Permit become invalid if work or activity is not commenced within 6 months of the issuance date.

Permit becomes invalid if work or activity ceases for a period of 6 months after commencing.

Additional conditions maybe added provided the conditions are not inconsistent with the statute or regulation


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Denial of Permits Should be in writing, citing specific

statute or regulation and reason for denial.

The reason for denial needs to be based on an objective reason. “Because I said so” or “ I don’t like it”

are not objective, legally defensible reasons to deny a permit.


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Revocation of Permits For violations of C 148 and/or 527

CMR. For violations of the conditions of the

permit. For material misrepresentation of a

fact on the application, data, or plans on which the permit was based.

Revocations should be in writing.


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Statutes Massachusetts General Law,

Chapter 148, Sections 9, 9A, 10, 23, 25C, 25D, 28, 38, 38E*, 39A authorize the Board (Board of Fire Prevention Regulations) to promulgate general and specific rules and regulations relative to fire prevention.


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Statutes Massachusetts General Law Chapter

148 Section 10A Authorizes the head of the fire

department to grant permits as maybe required by the rules and regulations of the Board.

Authorizes the head of the fire department to make inspections.

Have such powers and duties in connection therewith as the Marshal may direct.


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Chapter 148, Section 10A (continued)

The head of the fire department is required to keep a record of every permit issued.

The head of the fire department is required to provide information on the permits as the Marshal may direct.

The head of the fire department or Marshal may revoke permit for cause.

Establishes a maximum permit fee of $50.


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Statute Chapter 148 § 27A

Prohibits disconnection, disabling of fire protection systems without a permit from the head of the fire department.

Authorizes the head of the fire department to issue such permits.


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Regulations Created or promulgated by the

Board of Fire Prevention Regulations.

An extensive list of permits that may be granted by the head of the fire department is found in 527 CMR 1.04(8)


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Blasting (527 CMR 13) Officially called a Use and Handling

Permit. The following documents must be

presented upon application. A valid certificate of competency. A valid explosives users certificate. A valid dig safe number.


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Blasting (527 CMR 13) (continued)

Permits are valid for a minimum of 30 days.

Conditions or Restrictions are permitted if there is a safety hazard to the public and the hazard is not addressed by 527 CMR 13. The hazard must be documented in writing and made part of the permit.


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Burning of Christmas Trees (statutory) Chapter 111: Section 142G. Notwithstanding

the provisions of sections one hundred and forty-two A and one hundred and forty-two B, any person may burn Christmas trees during the period from December twenty-sixth to January seventh in each year, provided that said person obtains a permit from the head of the fire department of the city or town wherein such burning shall take place and provided further that such burning is conducted under the supervision and control of said head of the fire department.


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Ceremonial Bonfires (statutory) Chapter 111: Section 142H. Ceremonial bonfires restricted;

permits The city council of a city with the approval of its mayor, or the board of selectmen or town council of a town, may authorize the fire department of such city or town to issue not more than one permit in any one year for a ceremonial bonfire in such city or town. Said ceremonial bonfire shall mark the observance of a significant municipal, state, or national event, and any such ceremonial bonfire shall be under the continuous supervision of the fire department. A permit for such a ceremonial bonfire shall be issued only to a municipal department or a civic, fraternal or veterans organization within such city or town. Only wood which has not been painted, impregnated, or otherwise treated with any foreign substance shall be permitted to burn in ceremonial bonfires. No ceremonial bonfire shall burn for more than twelve hours


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Bonfires July 2-July 6 (statutory) Chapter 111: Section 142I. Bonfires from July 2 to July 6

authorized Section 142I. Notwithstanding any provision of sections one hundred and forty-two A and one hundred and forty-two B, and in addition to the ceremonial bonfires permitted under the provisions of section one hundred and forty-two H, any civic, fraternal, veteran, community, or business organization may build and ignite bonfires under the supervision and control of the fire department of the city or town in which such burning takes place during the period from July second to July sixth in each year. A permit for such bonfire shall be obtained by such organization from the head of the fire department upon his determination that such organization will conduct such burning in a proper and responsible manner.


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Floor Refinishing (527 CMR10.15) Effective June 1, 2010 Permit required for application of

flammable finishes. Contains new safety requirements


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Cannon & Mortar Firing(527 CMR 22) Revised 10/30/2009. Must present a certificate of competency. Cannons/Mortars require a boroscope exam

every 5 years if used for live firing and every 10 years if used for blank firing. Magnaflux and x-ray are no longer required.

Application must be submitted to the fire department 15 days in advance of firing. Permit submitted to the Marshal 5 days in advance of firing.


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Cellulose Nitrate Film(527 CMR 10.27) Old style motion picture film.

No longer in common usage. Permit required for Keeping,

storage, use. NFPA 40 is the reference standard.


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Combustible Fiber Storage(527 CMR 28.03(1) Permit required for the storage of

over 100 cubic feet. Definition is very inclusive. Does not apply to agricultural

storage.


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CNG (527 CMR 26) CNG installations require both a permit

from the head of the fire department and approval by the Marshal.

10,000 cubic feet is the maximum that may be stored by permit.

The head of the fire department may limit quantizes or require additional safeguards when…

Unusual conditions exist When required for the protection of life and property. Any additional requirements must be within the

intent and scope of 527 CMR 26.


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Covered Malls (527 CMR 10.26) Permit required for the use of the

mall area for trade shows, exhibits, and displays.

Those terms include community service projects, sidewalk sales, holiday sales, and special seasonal events.


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Crop Ripening-Crop Coloring(527 CMR 35) Permit required for crop ripening or

crop coloring which occurs in a tightly closed room.

Primarily a required as a notice to fire department because of the life hazard.

Use of flammable or combustible liquids requires a permit under 527 CMR 14.


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Cutting and Welding Processes(527 CMR 35) Permit required from head of fire

department for cutting and welding. Exceptions:

Not required if done in areas approved by the head of the fire department. “welding areas”

In facilities having an approved “hot works” permit system.

Hot works on natural gas distribution systems under the jurisdiction of the DPU and or DOT.


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Dust Explosion Hazards(527 CMR 10.16) Requires a permit for the operation

of facilities producing dusts which when mixed with air in the proper proportions, become explosive and may be ignited by a flame or spark.

A major issue nationally. Consider requiring a fire safety

analysis


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Explosives, Small Arms Ammunition Storage (527 CMR 13.04)

The storage of all explosives (except up to 50 pounds of special industrial explosives) requires a license and not a permit.

All storage magazines require a permit from the Marshal.

The storage of the following materials requires a permit.


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Explosives, Small Arms Ammunition Storage (527 CMR 13.04) (continued)

10,001 to 30,000 rounds of rim fire ammo.(private use)

10,001 to 50,000 rounds of center fire ammo. (private use)

10,000 small arms primers. (private use) Not to exceed 48* pounds smokeless

propellants. (private use) Not to exceed 5* pounds of black

powder. (private use) * Quantities may be reduced if stored in multiple family dwellings or buildings of public access.


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Explosives, Small Arms Ammunition Storage (527 CMR 13.04) (continued)

Not to exceed 200,000 rounds of any combination of small arms ammo. (commercial use)

Not to exceed 100,000 small arms primers. (commercial use)

Not to exceed 100 pounds of smokeless propellant. (commercial use)

Not to exceed 50 pounds of black powder. (commercial use)


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Fire Protection Systems527 CMR 10.13(15 Permit required for the installation

of fire protection systems in any building.

The Board has interpreted this to mean that a permit is not required for the following work. Ordinary repairs. System testing and maintenance. System testing.


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Fireworks & Special Effects(527 CMR 2)(Regulation is currently being revised)

Display Fireworks Permit. Application 15 days in advance of display. Provide a Display Fireworks certificate of

competency. Provide a copy of the Fireworks Users

Certificate. A completed application…

Shell list Site diagram Copy of any natural barriers approval Method of firing


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Display Fireworks (Continued)

Approval or denial forwarded to the Marshal at least 5 days in advance of the display.

Conditions or Restrictions are permitted if there is a safety hazard to the public and the hazard is not addressed by 527 CMR 13. The hazard must be documented in writing and made part of the permit.

Permit may provide for a rain date.


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Fireworks (Special Effects) Maybe permitted for use outdoors or indoor in A-3 or A-

1 Use Groups. Prohibited in bars, nightclubs and discos. Permit Application…

Certificate of Competency (special effects) Fireworks Users Certificate. Written acknowledgement from the indoor venue. List of pyrotechnics. Diagram of display. Manner and method of storage.

Pre-show demonstration required. Same time limits as display fireworks.


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Fireworks Manufacture and Storage (527 CMR 13) Fireworks manufacturing requires a license

from the municipality and a permit from the Marshal.

Fireworks storage for over 30 days requires a license and a permit from the Marshal.

Fireworks storage under 30 days requires a permit from the Marshal. Fireworks stored as part of a fireworks display are permitted as part of the display/special effects permit.


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Flammable and Combustible Liquids, Flammable Solids or Gases (527 CMR 14)

Permits required for the keeping, storage, sale or manufacture.

Permits from the head of the fire department are required in addition to any required license.

There is no “lower limit” on the amount that needs to be permitted.

Licenses are required for quantities exceeding those in Table 1.


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Flammable and Combustible Liquids, Flammable Solids or Gases (527 CMR) (continued)

Renewal may be conditioned upon satisfactory inspection.

Permits must specify clearly the materials and amounts to be stored.

Permits may be conditioned upon documentation of Process Safety Management if applicable.


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Fueling from Tank Vehicles(527 CMR 5.08) Refueling of vehicles/equipment

from a tank vehicles at… Commercial establishments. Industrial facilities. Governmental facilities. Construction site

Not open to the public. A permit is required.


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Fumigation (527 CMR 10.06(3) A permit is required if …

The building is a warehouse, factory, or commercial building.

And involves a flammable or toxic substance.

Or requires a flame. Primarily a notification issue. Many professionals are using heat.


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Hazardous Substances (527 CMR 25.08) Requires a permit from the fire

department for “liquids, solids or gases which are toxic, flammable, explosive or reactive when combined with other substances located in the vicinity or a substance which would increase the intensity of a fire out of proportion to the normal materials present to be located within 100’ of any building.”


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LP-Gas (527 CMR 6) LP-gas is covered by CMR 6 and not

CMR 14. Permit for the storage of LP-gas in

excess of 42 pounds (10 gallons). Quantities over 2000 gallons require a

license. Regulations cover the storage and

downstream to the first stage regulator. Covers both temporary and permanent

storage containers.


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Matches (527 CMR 10.18) Permit from the head of the fire

department required for the storage of over 25 cases of matches.

How many match permits???


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Oil Burning Equipment Permit required for the installation,

alteration or removal of oil burning appliances.

Form 1 is the only form acceptable for he application/permit.

Application and installation by a person holding an oil burner certificate of competency. No other license is acceptable.


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Open Air Fires (527 CMR 10.22) Permits are issued by the forest

warden. (may or may not be the fire chief).

See Massachusetts General Law, Chapter 48 § 13.


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Ovens and Furnaces (527 CMR 10.19) Permit required for furnaces which

are a fire or explosion hazard by reason of… Temperature of operation. Fuel used. Presence of volatile material in the

oven or furnace or a combination of fuel and volatiles.


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Rubbish Containers (527 CMR 34.03) A permit is required for containers

that six cubic yards or more in size and require mechanical means to empty.

Consider specifying location. Exemption:

Containers which are delivered and removed daily.


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Construction Heaters (527 CMR 20) Requires a permit. May not be fueled by solid fuel

(wood, coal, coke) Regulations contain worker safety

provisions.


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Special Seasonal Decorations (527 CMR 21.02(6) Permit required to use generic

material such as paper, cardboard, and fabric which does not have specific testing and certification.

Applicant must provide certification that the generic material has been treated with a flame retardant which will make it compliant with 527 CMR 21.


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Material Storage (527 CMR 10.03(5) Permit required for the interior or

exterior storage of over 2500 cubic feet gross volume of “combustible empty packing cases, boxes, barrels or similar containers; rubber tires, baled cotton, rubber, cork, or similarly combustible materials.”


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Unattended Storage in Transport Vehicles (527 CMR 8.21(7) & (8)

New quantity limits applicable to new permits issued after 9/1/08.

Renewal permits may use previously permitted quantities.

After 9/1/08 aggregate quantity of flammable liquids is 15,000 gallons.

After 9/1/08 aggregate quantity of Class II combustible liquid is 15,000 gallons.


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Tanks and Containers (527 CMR 9) (ASTs) Separate permits required.

One for tank installation. One for material storage.

ASTs over 10,000 gallons require a permit from the Marshal in addition to a local license or permit.

Modifications to an AST or appurtenances requires a permit.


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Tanks and Containers (527 CMR 9) (continued)

USTs and related appurtenances require a permit to install, modify or remove.

Installation and modification must be done by a person certified by the equipment manufacturer.

A third party inspection is required after the installation of new or replacement tanks or piping.


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Tanks and Containers (527 CMR 9) (continued)

USTs (except consumptive use) require a permit to maintain existing underground storage tank. Issuance of this permit is conditioned upon

having a satisfactory third party inspection. Third party inspections are required as of

August 8, 2010 and every three years thereafter.

(Example) A permit issued today for a UST without a third party inspection would need to expire on 8/7/10.


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Tar Kettles on Roofs (527 CMR 10.03(12) A permit is required for tar kettles

on roofs that are on buildings over 30 feet in height.

Application for permit must be submitted 2 days in advance.


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Tire Rebuilding or Recapping Plant Permit required for automobile tire

rebuilding plants.


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Torch or Heat Producing Device (527 CMR 10.24(2) Permit is required when using a

torch or other heat producing device for the removal of paint or the application or removal of roofing material.


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Transportation of Combustible Liquids (527 CMR 8) Applies only to combustible liquids.

Flammable liquids are regulated by US DOT. Permits are obtained in the community in

which the vehicle is garaged. Permit stickers are provided by the Marshal. Permits are on a two year cycle. Expiring on

the last day of August in even numbered years.

Covers transfer tanks, cargo tanks, and portable tanks.


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Unvented LP or Natural Gas Space Heaters 527 CMR 30

Requires a permit from the gas/plumbing inspector as well.

Must be an appliance approved by the Board of Plumbers and Gasfitters.

Must be hard piped. (Not portable) Building must be equipped with a

permanent source of heat.Massachusetts Department of Fire Services-Division of Fire

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QUESTIONS ?


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Additional Information Code Compliance & Enforcement

Unit Desk 978-567-3375 Dave Beaudin 978-567-3711 Matt Allen 978-567-3371 Ken Burdick 413-587-3181 x207 Ed DeStefano 978-567-3373

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