Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2386 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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