1 of 1
SENATE DOCKET, NO. 2487 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 1647
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Nick Collins
_________________
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 implementing the recommendations of the Walsh-Kennedy Commission Report.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Nick CollinsFirst Suffolk 1 of 3
SENATE DOCKET, NO. 2487 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 1647
By Mr. Collins, a petition (accompanied by bill, Senate, No. 1647) of Nick Collins for legislation
to implement the recommendations of the Walsh-Kennedy Commission Report. Public Safety
and Homeland Security.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1484 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act implementing the recommendations of the Walsh-Kennedy Commission Report.
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. Notwithstanding and general or special law to the contrary, all certifications
2and training programs for cutting, welding, and hot works processes shall be performed using the
3existing National Fire Protection Association program or an equivalent program that includes a
4thorough and accessible electronic database that can be used to check a worker's status, multi-
5lingual in-class offerings, identity integrity safeguards, in-person original training, and
6subsequent annual continued education program either online or in person.
7 SECTION 2. Section 1 of Chapter 148 of the Massachusetts General Laws is hereby
8amended by inserting at the end thereof the following: ""Criminal Negligence", Repeated,
9reckless, and knowing failure to comply with the regulations contained in this chapter, and
10failure to perceive a substantial and unjustifiable risk that a result would occur from said failure. 2 of 3
11The risk must be of such nature and degree that failure to perceive it constitutes a gross deviation
12from the standard of care that a reasonable person would observe in this situation."
13 SECTION 3. Section 34B of chapter 148 of the Massachusetts General Laws is hereby
14amended by striking out the section in its entirety and inserting in place thereof the following:
15"SECTION 34B. Any person who wantonly or recklessly violates the state building code or state
16fire code and thereby causes serious bodily injury to any person shall be punished by a fine of
17not more than $250,000 or by imprisonment in the state prison for not more than 5 years or in a
18house of correction for not more than 21/2 years, or both. Any person who wantonly or
19recklessly violates the state building code or state fire code and thereby causes death to any
20person shall be punished by a fine of not more than $500,000 and/or by imprisonment in the state
21prison for not more than 7 years or in a house of correction for not more than 5 years, or both.
22Any person found to have acted in accordance with the definition of criminal negligence in
23section 1 of this chapter may be determined to be criminally liable for damage or death stemming
24from repeated and reckless non-compliance with requirements set forth in this chapter. For
25purposes of this section, ''serious bodily injury'' shall mean bodily injury that results in a
26permanent disfigurement, loss or impairment of a bodily function, limb or organ, or a substantial
27risk of death. SECTION 4. Section 34 of Chapter 148 is hereby amended by striking out the
28section in its entirety and inserting in place thereof the following: "Section 34. Except as
29otherwise provided, any person violating any provision of this chapter shall be liable to a fine of
30one hundred dollars, or, in case of a continuing offence after notice of such violation, to a fine of
31not more than one hundred dollars for every day during which the violation continues, unless
32said violation pertains to cutting, welding, or hot works processes. In the event of any person
33violating regulations regarding cutting, welding, or hot works processes, said person shall be 3 of 3
34liable to the following punishments: First offense: a fine of not more than $1,000 Second
35offense: a fine of not more than $2,000 and/or imprisonment in the house of correction for up to
36a year, provided that the Judge shall have the authority to take into account the size of the project
37on which the violation occurred and levy additional fines if the total cost said project is such that
38the fine is inadequate to deter continued offenses. Third and continuing offenses: a fine of not
39more than .025% of the total project value, or $10,000, whichever is greater, and/or
40imprisonment in the house of correction for up to 3 years." SECTION 5. Notwithstanding any
41general or special law to the contrary, the Department of Fire Safety shall, in consultation with
42the Department of Professional Licensure, or any other executive agency or department it deems
43necessary, establish a system of public notification and recording of non-compliance with
44regulations and statues pertaining to cutting, welding, and hot works processes. Said system may
45include: quarterly publications, an online database, an automated notification system to alert
46property owners, and/or communication with insurance companies.