It is the intent of this code to prescribe regulations
for the safeguarding of life and property from the hazards of fire
and explosion arising from the storage, handling and use of hazardous
substances, materials and devices within the Town of Stoughton. Conditions
hazardous to life and property in the use and occupancy of buildings
or premises shall also be regulated herein. Compliance with nationally
recognized safety standards shall be deemed to be evidence of compliance
with this intent. In the event any provision of this code is in conflict
with any law, ordinance, bylaw, or any fire prevention rule or regulation
of the Department of Public Safety of the Commonwealth of Massachusetts,
such law, ordinance, bylaw, rule or regulation shall prevail as long
as such conflict remains.
A.
The provisions of this code shall apply equally to
new and existing conditions. Existing conditions not in strict compliance
with the terms of this code shall be permitted to continue where the
exceptions do not constitute a distinct hazard to life or property
in the opinion of the Chief of the Stoughton Fire Department. Efforts
to bring nonconforming conditions so deemed into compliance shall
be made in a cooperative manner between the property owner and the
Stoughton Fire Department.
B.
This code shall not apply to the transportation of
any article or articles regulated under the jurisdiction of and in
compliance with the requirements of the United States Department of
Transportation, nor shall it apply to the armed forces of the United
States.
All matters within the intent of this code not
covered in detail herein shall provide reasonable safety to persons
and property. Compliance with nationally recognized safety standards
shall be deemed to be evidence of compliance with this intent.
The Chief of the Stoughton Fire Department,
or any inspector thereof, may, at any reasonable hour, enter any building
or premises for the purpose of making an inspection or investigation
under the provisions of this code and in conformance with MGL c. 148,
§ 5
It shall be the duty of the Chief of the Stoughton
Fire Department to inspect or cause to be inspected by Stoughton Fire
Department officers and/or members all buildings and premises, as
often as may be prescribed by state regulations, or may be necessary
for the purpose of correcting or causing to be corrected, any conditions
liable to cause fire or to endanger life and property.
Whenever any of the officers, members or inspectors of the Stoughton Fire Department as mentioned in § 100-5 shall find in any building or upon any premises dangerous or hazardous conditions or circumstances, they shall order such dangerous conditions or circumstances removed or remedied in such a manner as may be specified by the Fire Chief as per MGL c. 148, § 5. These conditions may include but are not limited to the following:
A.
Any building or other structure which, for want of
repairs, lack of sufficient fire escapes, lack of fire extinguishing
equipment, or by reason of age or dilapidated condition, or from other
cause, creates a dangerous condition.
B.
Obstructions to or on fire escapes, stairs, passageways,
doors or windows liable to interfere with the operations of the Stoughton
Fire Department or egress of occupants in case of fire.
C.
Dangerous or unlawful amounts of combustible or explosive
or otherwise hazardous materials.
D.
Hazardous conditions arising from defective or improperly
installed equipment for handling or using combustible or hazardous
materials.
E.
Dangerous accumulations of rubbish, wastepaper, boxes,
shavings or other flammable materials.
F.
Accumulations of dust or waste materials in air-conditioning
or ventilation systems or in kitchen or other commercial exhaust systems.
The service of orders for the correction of
violations of this code shall be made upon the owner, occupant or
other persons responsible for the condition as prescribed in MGL c.
148, § 5. The order of notice shall be served and penalties
assessed as per MGL c. 148, §§ 9, 10, 10B, 15, 16,
38D, 38E, 38G, 38H and 527 CMR where and when applicable.
A.
A permit shall constitute permission to maintain,
store, or handle materials or to conduct processes as described in
the application for permit. It shall not be transferable, and any
change in use or intent shall require that a new application be filed.
B.
Before a permit is issued, the Chief of the Stoughton
Fire Department or his designee shall make, or cause to be made, any
inspection necessary to assure compliance with applicable regulations
and this code.
C.
The Fire Chief may revoke a permit or approval issued
under this code if any violation is found upon inspection, or for
any false statement or misrepresentation as to a material fact in
the application or plans on which the permit or approval was based.
Whenever the Chief of the Stoughton Fire Department
shall disapprove an application or refuse to grant a permit, or when
it is claimed the true intent of the code has been misconstrued or
misinterpreted, the applicant may appeal the decision of the Chief
to the Board of Selectmen within 30 days from the date of the decision
to deny the permit.
The Chief of the Stoughton Fire Department shall
have the authority to modify any of the provisions of the code hereby
adopted upon application in writing by the owner or lessee, or his
duly authorized agent, when there are practical difficulties in the
manner of enforcing the code, provided the spirit of the code shall
be observed, public safety secured and substantial justice done. The
particulars of such modification, when granted or allowed, and the
decision of the Fire Chief thereon, shall be entered upon the records
of the Department, and a signed copy shall be furnished the applicant.
The following words, unless a different meaning
is required by context or is specifically prescribed, shall have the
following meanings:
Change in or addition to a building, which reduces the means
of exit or fire resistance or changes its structural use or occupancy.
Accepted by the Fire Chief as a result of his investigation
or by reason of testing, listing or approval of the UL, Inc., the
National Bureau of Standards, the American Gas Association or other
nationally recognized testing agency.
A system, which automatically detects a fire condition and
initiates a fire alarm signal device.
Any container approved by the United States Department of
Transportation for shipping any liquid, gaseous or solid material
of a flammable, toxic or otherwise dangerous nature.
One or more rooms arranged for the use of one or more individuals
living together as a single housekeeping unit, with cooking, living,
sanitary and sleeping facilities.
The time materials or construction will withstand the standard
fire exposure as determined by a fire test made in conformity with
780 CMR, the Massachusetts State Building Code.
A building or portion thereof containing two or more dwelling
units, including tenement and/or apartment houses.
Shall include a duly authorized agent, attorney, a purchaser
or person having a vested or contingent interest in the property in
question.
Shall include a corporation and co-partnership as well as
individuals.
Any building or structure or any alley or way adjacent thereto.
This code shall not be construed to hold the
municipality responsible for any damages to persons or property by
means of the inspection or re-inspection authorized herein, or by
failure to inspect or re-inspect, or by the permit issued as herein
provided, or by reason of the approval or disapproval of any equipment
authorized herein.
The code hereby adopted shall be enforced by
the Chief of the Stoughton Fire Department.
