Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1523 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1134 FILED ON: 1/18/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1523
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Paul R. Feeney
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 safe building materials.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Paul R. FeeneyBristol and NorfolkSal N. DiDomenicoMiddlesex and Suffolk1/30/2023Michael O. MooreSecond Worcester2/28/2023Michael F. RushNorfolk and Suffolk3/3/2023 1 of 8
16	16	SENATE DOCKET, NO. 1134 FILED ON: 1/18/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1523
18	18	By Mr. Feeney, a petition (accompanied by bill, Senate, No. 1523) of Paul R. Feeney, Sal N.
19	19	DiDomenico, Michael O. Moore and Michael F. Rush for legislation relative to safe building
20	20	materials. Public Safety and Homeland Security.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 1589 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 safe building materials.
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 96 of chapter 143 of the General Laws, as appearing in the
32	32	22020Official Edition, is hereby amended by inserting after the word code, in line 8, the following
33	33	33 words: –, light frame construction code under section 26J of chapter 148.
34	34	4 SECTION 2. Chapter 148 of the General Laws, as so appearing, is hereby amended by 5
35	35	5inserting after section 26I the following section: –
36	36	6 Section 26J. Light Frame Construction Code.
37	37	7 (a) As used in this section the following terms shall, unless the context clearly requires 8
38	38	8otherwise, have the following meanings: – 2 of 8
39	39	9 “Dwelling unit”, a single unit providing complete, independent living facilities for one or
40	40	10more persons living as a single housekeeping unit, including permanent provisions for living,
41	41	11sleeping, eating, cooking, and sanitation.
42	42	12 “Fire barrier”, a fire-resistance rated wall assembly of materials designed to restrict the
43	43	13spread of fire in which continuity is maintained.
44	44	14 “Fire partition”, a vertical assembly of materials designed to restrict the spread of fire in
45	45	15which openings are protected.
46	46	16 “Fire wall”, a fire-resistance rated wall having protected openings, which restricts the
47	47	17spread of fire and extends continuously from the foundation to or through the roof, with
48	48	18sufficient structural stability under fire conditions to allow collapse of construction on either side
49	49	19without collapse of the wall.
50	50	20 “Fire watch warden”, an individual hired to monitor new residential use structure
51	51	21construction projects that utilize light frame construction.
52	52	22 “Horizontal assembly”, a fire-resistance rated floor or roof assembly of materials
53	53	23designed to restrict the spread of fire in which continuity is maintained.
54	54	24 “Horizontal separation”, a floor assembly separating dwelling units in the same structure,
55	55	25a floor assembly separating sleeping units in the same structure, and a floor assembly separating
56	56	26dwelling or sleeping units from other occupancies contiguous to them in the same structure.
57	57	27 “Light frame construction”, a type or construction the vertical and horizontal structural
58	58	28elements of which are primarily formed by a system of repetitive wood framing members or that
59	59	29utilizes metal-plate-connected wood trusses, metal-plate-connected metal-web wood trusses, pin 3 of 8
60	60	30end connected steel-web wood trusses, wooden I-joists, solid-sawn wood joists, composite wood
61	61	31joists as floor or roof system structural elements, or load bearing elements made of combustible
62	62	32materials.
63	63	33 “Planned real estate development” or “development”, any real property, whether
64	64	34contiguous or not, which consists of or will consist of, separately owned areas, irrespective of
65	65	35form, be it lots, parcels, units, or interest, and which are offered or disposed of pursuant to a
66	66	36common promotional plan and providing for common or shared elements or interests in real
67	67	37property. This definition shall not apply to any form of timesharing, but it shall include;
68	68	38condominiums, any form of homeowners' association, any housing cooperative or any
69	69	39community trust or other trust device.
70	70	40 “Residential use structure”, a hotel, motel, resort, boarding house or inn as those terms 41
71	71	41are defined in section 12A of chapter 140; a multiple dwelling, as that term is defined in section
72	72	4213A of chapter 22; or rooming house, as that term is defined in section 199B of chapter 111.
73	73	43 “Sleeping unit”, a room or space in which people sleep, which can also include
74	74	44permanent provisions for living, eating, and either sanitation or kitchen facilities but not both,
75	75	45but does not include such a room or space that is also part of a dwelling unit.
76	76	46 (b) A new residential use structure containing more than two dwelling or sleeping units
77	77	47under the R Occupancy in the International Building Code (IBC) may only be constructed
78	78	48utilizing light frame construction if the following requirements are satisfied:
79	79	49 (1) Notwithstanding any other provision in this chapter, an automatic sprinkler system
80	80	50shall be installed throughout the structure in accordance with the requirements of National Fire
81	81	51Protection Association (NFPA) 13, Standard for the Installation of Sprinkler Systems. 4 of 8
82	82	52 (2) The number of stories permitted in the structure shall be measured from grade plane
83	83	53and includes any pedestal or podium.
84	84	54 (3) Each fire partition shall:
85	85	55 (i) be constructed of noncombustible materials or fire-retardant treated wood as per the
86	86	56current edition of NFPA 703;
87	87	57 (ii) be constructed with a fire-resistance rating of at least one hour; and
88	88	58 (iii) comply with all other requirements for fire partitions under the IBC.
89	89	59 (4) Each horizontal assembly installed between floors separating dwelling or sleeping
90	90	60units shall:
91	91	61 (i) be constructed of noncombustible materials or fire-retardant treated wood as per the
92	92	62current edition of NFPA 703;
93	93	63 (ii) be constructed as a horizontal assembly with a fire-resistance rating of at least one
94	94	64hour; and
95	95	65 (iii) comply with all other requirements for horizontal assemblies under the code.
96	96	66 (5) Each fire wall shall:
97	97	67 (i) be constructed of noncombustible materials;
98	98	68 (ii) not be adversely affected by moisture;
99	99	69 (iii) shall be a minimum of a 2-hour rated assembly (per the IBC). 5 of 8
100	100	70 (6) (i) If any light framing of the structure is unprotected, the structure shall not have
101	101	71more than three stories and shall not exceed 60 feet above grade plane.
102	102	72 (ii) If all light framing of the structure is protected, the structure shall not have more than
103	103	73four stories and shall not exceed 70 feet above grade plane.
104	104	74 (7) If the structure has five or more dwelling or sleeping units, a horizontal assembly
105	105	75shall not be considered to create separate and distinct structures for the purposes of determining
106	106	76area imitations, continuity of fire walls, limitation of number of stories, and type of construction
107	107	77a provided under this subsection and the code.
108	108	78 (c) The contractor, or subcontractor for a construction project proposed in accordance
109	109	79with this section shall be registered with the board of building regulations.
110	110	80 (d) The construction of a new residential use structure containing more than two dwelling
111	111	81or sleeping units utilizing light frame construction shall not commence unless a fire watch
112	112	82warden who meets the requirements of paragraph (1) of this subsection is present 24 hours a day
113	113	83to monitor the construction and alert firefighters, medical, rescue, or law enforcement personnel
114	114	84if a fire or other emergency occurs.
115	115	85 (1) A person shall be eligible to be a fire watch warden shall be eligible to be a fire watch
116	116	86warden if the person is qualified pursuant to regulations issued by the marshal and is an active or
117	117	87retired firefighter, a retired or active building trades council member, retired or active police
118	118	88officer or first responder or registered/certified security guard, retired or current building or
119	119	89zoning code official, or is a current or retired fire inspector or fire marshal (or individual deemed
120	120	90to comply) who is certified pursuant to regulations issued by the marshal. 6 of 8
121	121	91 (2) A developer or owner of a construction project subject to the provisions of this
122	122	92subsection shall be responsible for hiring, training, and compensating the fire watch wardens,
123	123	93and any expense to ensure that they are on site, including inspection by the department or the
124	124	94local enforcing agency.
125	125	95 (3) A fire watch warden shall make regular inspections and patrols of the area assigned to
126	126	96the fire watch warden for supervision by the developer or owner. A fire watch warden shall not
127	127	97be assigned any other responsibilities that would interfere with or prevent the fire watch warden
128	128	98from carrying out the fire watch warden’s responsibilities under this subsection.
129	129	99 (4) A fire watch warden shall maintain a record of activities performed in connection
130	130	100with the construction project that constitute a potential threat to fire safety. The records shall be
131	131	101submitted to the department on a weekly basis and the division may, in its discretion, take any
132	132	102action appropriate to abate any fire safety issues, including, but not limited to, requesting that the
133	133	103local enforcing agency revoke the construction permit for the project.
134	134	104 (5) A fire watch warden shall be present after 4pm Monday through Friday, 24-hours a
135	135	105day on weekends, and all legal holidays where construction is not taking place throughout the
136	136	106construction project and shall continue to monitor the construction project until the final
137	137	107sprinkler inspection is completed and a certificate of occupancy is issued.
138	138	108 (6) The department may assess a developer or owner of a construction project, utilizing a
139	139	109fire watch warden pursuant to this subsection, reasonable administrative fees incurred by the
140	140	110division in performing its duties as set forth in this subsection.
141	141	111 (7) The provisions of this subsection shall not apply to a townhouse or other single-
142	142	112family dwelling. For purposes of this section, “townhouse” means a single-family dwelling unit 7 of 8
143	143	113constructed in a group of 3 or more attached units in which each unit extends from the
144	144	114foundation to roof and with open space on a least 2 sides.
145	145	115 (e) The marshal shall, adopt regulations to require that placards identifying the primary
146	146	116structural system of a structure are affixed adjacent to the fire alarm control panel and to an
147	147	117exterior wall within 10 feet of the main entrance to the structure.
148	148	118 (f) The placards shall be 8 inches vertically by 11 inches horizontally and shall have a
149	149	119white background, black letters, and a black border. The letters shall be in at least 72-point
150	150	120boldface type. The letters and border shall be visible and readable from at 10 feet.
151	151	121 (g) One of the following descriptions shall be printed on a placard, as appropriate:
152	152	122 (1) “Load-bearing concrete walls”;
153	153	123 (2) “Load-bearing masonry walls”;
154	154	124 (3) “Load-bearing steel stud walls”;
155	155	125 (4) “Load-bearing light-framed combustible walls”;
156	156	126 (5) “Structural concrete frame”;
157	157	127 (6) “Structural steel frame”;
158	158	128 (7)“Timber or cross-laminated timber”; or
159	159	129 (8) if the primary structural system of the structure is not one of the foregoing, a
160	160	130description approved by the enforcing agency shall be printed instead. 8 of 8
161	161	131 (h) The following language shall be printed on each placard following the description of
162	162	132154 the structural system: “serves as the primary structural system of this structure”.