Town of Middleton, MA
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Annual Town Meeting of the Town of Middleton 3-20-1973 by Art. 39. Amendments noted where applicable.]
GENERAL REFERENCES
Alarms — See Ch. 95.
Explosives — See Ch. 139.

§ 143-1 Adoption of Fire Prevention Code.

The Town voted to adopt, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, that certain code known as the Fire Prevention Code recommended by the American Insurance Association, being particularly the 1970 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended herein, of which code not fewer than two copies shall be filed in the office of the Town Clerk after the adoption of said code, and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this bylaw shall take effect, the provisions hereof shall control within the limits of the Town of Middleton.
A. 
The Fire Prevention Code shall be enforced by the Chief of the Fire Department, in the Town of Middleton.
B. 
The Fire Chief may detail such members of the Fire Department as Inspectors, as shall from time to time be necessary.

§ 143-2 Definitions.

A. 
Wherever the word "Municipality" is used in the Fire Prevention Code, it shall be held to mean the Town of Middleton.
B. 
Wherever the word, or term, "Corporation Counsel" is used in the Fire Prevention Code, it shall be held to mean the Town Counsel for the Town of Middleton.

§ 143-3 Storage of explosives and blasting agents.

The limits referred to in Section 12.5B of the Fire Prevention Code, in which the storage of explosives and blasting agents is prohibited, are hereby established as follows: Zoning Code and judgment of the Fire Chief.

§ 143-4 Storage of flammable liquids in outside aboveground tanks.

The limits referred to in Section 16.22A of the Fire Prevention Code, in which the storage of flammable liquids in outside aboveground tanks is prohibited, are hereby established as follows: Zoning Code and judgment of the Fire Chief.

§ 143-5 Bulk storage of liquefied petroleum gases.

The limits referred to in Section 21.6A of the Fire Prevention Code, in which bulk storage of liquefied petroleum gas is restricted, are hereby described as follows: Zoning Code and judgment of the Fire Chief.

§ 143-6 Tar kettle or tar tank.

[Added 10-18-1984 STM by Art. 12; amended 11-29-2005 STM by Art. 20]
The Fire Prevention Code is amended by adding the following to Article 1, Section 1.9:
Permits:
f. A permit shall be required for the use of a tar kettle or tar tank used in conjunction with the application of this material to structures in Middleton. Fire-extinguishing equipment will be on hand, either portable or a fixed system, in a quantity sufficient to extinguish or retard any fire that would occur with the equipment. All fuel used for the use of this equipment shall be kept in a safe manner. L.P. gas used as a fuel supply will be stored as outlined in NFPA 58. The Fire Chief shall issue these permits and they shall be under his supervision.

§ 143-7 Automatic sprinkler systems.

The Fire Prevention Code is amended by adding to Section 14.4, Automatic Sprinkler Systems:
A. 
Any building that has more than five floors that are used for any purpose, whether it be for habitation, office or storage use, shall be completely protected by a sprinkler system.
B. 
The sprinkler system shall be installed in accordance with National Fire Protection Standard Nos. 13 and 13A.
C. 
Each floor to have its own control valve, located in a fire-resistive stairwell, and provided with electrical supervision of the valve, also an electrical water flow alarm device, connected into the main control panel.
D. 
An indicator panel with local supervision would be located at the building entrance, easily accessible to fire fighters, to designate by signal the floor on which the sprinkler is operating.
E. 
At the same indicator panel there would be a provision for takeover of control on one elevator by fire fighters.
F. 
Because of the elevation of the building a pressure tank, or pump, (if a pump, it must have auxiliary power) shall be installed in accordance with NFPA requirements.
G. 
A wet standpipe system must also be installed in each stairwell in accordance with NFPA requirements. Also at each floor level there shall be a gated two-and-one-half-inch outlet, equipped with an adaptor from 2 1/2 inches to 1 1/2 inches National Standard Threads (Male).
H. 
Outside Fire Department standpipe connections for the sprinkler must be in accordance with NFPA requirements.
I. 
All stairwells must be provided with awning-type windows, or windows that can be easily opened by the Fire Department at each floor, so that smoke may be relieved readily from the stairwell.
J. 
A master fire alarm box shall be installed at the front entrance of each building.
K. 
This box will automatically monitor the sprinkler system, fire detection system and any other alarm-actuating devices, and transmit an alarm to the Fire Department.
L. 
Suitable fire gongs shall be installed on each floor so as to notify the tenants if a fire is in progress, and there shall be pull stations on each floor.
M. 
All the above-mentioned requirements shall meet the approval of the Middleton Fire Chief.

§ 143-8 Modifications.

The Chief of the Fire Department shall have power to modify any of the provisions of the Fire Prevention Code upon application, in writing, by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modifications when granted, or allowed, and the decision of the Fire Chief thereon shall be entered upon the records of the Fire Department and a signed copy shall be furnished the applicant.

§ 143-9 Appeals.

Whenever the Chief of the Fire Department shall disapprove an application, or refuse to grant a permit applied for, or when it is claimed that the provisions of the code have been misconstrued, or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the Board of Selectmen within 15 days from the date of the decision appealed.

§ 143-10 New materials, processes or occupancies.

The Board of Selectmen and the Chief of the Fire Department shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, such notice to be given publication for one week in a newspaper having circulation in the Town of Middleton, any new materials, processes, or occupancies which shall require permits, in addition to those enumerated in said code. The Chief of the Fire Department shall post such list in a conspicuous place in his office and distribute copies thereof to interested persons upon request.

§ 143-11 Violations and penalties.

A. 
Any person who shall violate any of the provisions of the code hereby adopted or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such order as affirmed or modified by the Board of Selectmen, or by a court of competent jurisdiction, within the time fixed herein, shall severally, for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine of $20 for each offense. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense.
B. 
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

§ 143-12 Severability.

[Amended 11-29-2005 STM by Art. 20]
The Town Meeting hereby declares that should any section, paragraph, sentence, or word of this bylaw, or of the code herein adopted, be declared for any reason to be invalid, it is the intent of the Middleton Town Meeting that it would have passed all other portions of this bylaw independent of the elimination herefrom of any portion as may be declared invalid.