Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2386 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 880 FILED ON: 1/17/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2386
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Edward R. Philips
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to fire protection systems for buildings and structures.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Edward R. Philips8th Norfolk1/11/2023Vanna Howard17th Middlesex2/1/2023 1 of 5
16	16	HOUSE DOCKET, NO. 880 FILED ON: 1/17/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2386
18	18	By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 2386) of
19	19	Edward R. Philips and Vanna Howard relative to fire protection systems for buildings and
20	20	structures. Public Safety and Homeland Security.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 2510 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to fire protection systems for buildings and structures.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 4 of Chapter 22D, as so appearing, is hereby amended by inserting,
32	32	2in line 80, after the word “code”, the following paragraph:-
33	33	3 “The provisions of the fire safety code shall apply to all buildings and structures, other
34	34	4than the State House, including buildings and structures owned, operated, or controlled by the
35	35	5Commonwealth, its agencies, departments, boards, commissions, or political subdivisions. The
36	36	6State Fire Marshal or his/her designee shall enforce the State Fire Code in all state owned or
37	37	7controlled buildings.” 2 of 5
38	38	8 SECTION 2. Subsection (a) of Section 94 of Chapter 143 of the Massachusetts General
39	39	9Laws, as so appearing in the 2012 Official Edition, is hereby amended by adding the following
40	40	10sentence to the second paragraph:-
41	41	11 This shall not include standards for fire protection or life safety systems, as defined in
42	42	12Section 1 of Chapter 148, installed in new or substantially modified buildings in accordance with
43	43	13regulations prescribed by the Board of Fire Prevention Regulations.
44	44	14 SECTION 3. Section 95 of Chapter 143 of the Massachusetts General Laws, as so
45	45	15appearing, is hereby amended by striking out, in subsection (a), in line 5, the words:- and fire
46	46	16prevention.
47	47	17 SECTION 4. Section 96 of Chapter 143 of the Massachusetts General Laws, as so
48	48	18appearing, is hereby amended by inserting in line 3, between the words “demolition” and
49	49	19“promulgated”, the following words:- or fire prevention.
50	50	20 SECTION 5. Section 1 of Chapter 148 of the Massachusetts General Laws, as so
51	51	21appearing in the 2012 Official Edition, is hereby amended by inserting, between the definitions
52	52	22of “Division” and “Head of the Fire Department”, the new definition:-
53	53	23 Fire Protection and Life Safety Systems, any equipment or system relating to fire
54	54	24protection, fire detection, fire warning, fire suppression or carbon monoxide alarms installed in
55	55	25any occupancy defined in 780 CMR or as otherwise defined by the Board of Fire Prevention
56	56	26Regulations through regulation. 3 of 5
57	57	27 SECTION 6. Section 1 of Chapter 148 of the Massachusetts General Laws, as so
58	58	28appearing in the 2012 Official Edition, is hereby amended by inserting, after the definition of
59	59	29Fire Protection and Life Safety Systems, the following definition:-
60	60	30 Fire Safety Code, the comprehensive regulations promulgated by the Board of Fire
61	61	31Prevention Regulations pursuant to the provisions of Section 4 of Chapter 22D of the General
62	62	32Laws and pursuant to this chapter.
63	63	33 SECTION 7. Section 26A of Chapter 148 of the Massachusetts General Laws, as so
64	64	34appearing in the 2012 Official Edition, is hereby amended by striking out in lines 3 and 4, the
65	65	35words “state building code”, and substituting in place thereof the following words:- state fire
66	66	36code.
67	67	37 SECTION 8. Section 26A of Chapter 148, as so appearing, is hereby amended by striking
68	68	38out, in lines 12 and 13, the words “board of appeals as provided in the state building code and
69	69	39section twenty-three of chapter twenty-three B”, and substituting in place thereof the following
70	70	40words:- Fire Prevention Regulations Appeals Board as provided in Chapter 22D, section 5.
71	71	41 SECTION 9. Section 26A of Chapter 148 , as so appearing, is hereby amended by
72	72	42striking out, in lines 3 and 4, the words “state building code” and substituting in place thereof the
73	73	43following words:- state fire code
74	74	44 SECTION 10. Section 26B of Chapter 148, as so appearing, is hereby amended by
75	75	45striking out, in lines 4 and 5, the words “state building code” and substituting in place thereof the
76	76	46following words:- state fire code. 4 of 5
77	77	47 SECTION 11. Section 26B of Chapter 148, as so appearing, is hereby further amended
78	78	48by striking out, in lines 13 and 14, the words the “board of appeals as provided in the state
79	79	49building code and section twenty-three of chapter twenty-three B”, and substituting in place
80	80	50thereof the following words:- Fire Prevention Regulations Appeals Board as provided in Chapter
81	81	5122D, section 5
82	82	52 SECTION 12. Subsection (d) of Section 26F½ of Chapter 148 , as so appearing, is hereby
83	83	53amended by striking out, in lines 25-28, the first sentence of the subsection.
84	84	54 SECTION 13. Section 26G of Chapter 148, as so appearing, is hereby amended by
85	85	55striking out, in line 5, the words “state building code” and substituting in place thereof the
86	86	56following words:- state fire code.
87	87	57 SECTION 14. Section 26G½ of Chapter 148, as so appearing, is hereby amended by
88	88	58striking out in lines 6, 7, 19 and 24 the words “state building code” and substituting in place
89	89	59thereof the following words:- state fire code
90	90	60 SECTION 15. Section 26H of Chapter 148, as so appearing, is hereby amended by
91	91	61striking out, in line 4, the words “state building code” and substituting in place thereof the
92	92	62following words:- state fire code.
93	93	63 SECTION 16. Section 26I of Chapter 148, as so appearing, is hereby amended by
94	94	64striking out, in line 9, the words “state building code” and substituting in place thereof the
95	95	65following words:- state fire code.
96	96	66 SECTION 17. Section 26I of Chapter 148, as so appearing, is further amended by adding
97	97	67the following sentence at the end of the section: 5 of 5
98	98	68 Whomever is aggrieved by the head of the fire departments interpretation, order,
99	99	69requirement, direction, or failure to act under the provisions of this section, may, within forty-
100	100	70five days after the service of notice thereof, appeal from such interpretation, order, requirement,
101	101	71direction, or failure to act to the automatic sprinkler appeals board as provided in Section 201 of
102	102	72Chapter 6.
103	103	73 SECTION 18. Section 28 of Chapter 148, as so appearing, is hereby amended by adding,
104	104	74after subsection (3), the following new subsection:
105	105	75 (4) to provide adequate standards for the design, installation, or maintenance of fire
106	106	76protection and life safety systems in buildings or structures.
107	107	77 SECTION 19. The provisions of this act shall take effect on January 1, 2017. The
108	108	78provisions of this act shall not apply to any building or structure which was issued a building
109	109	79permit prior to January 1, 2017.