[HISTORY: Adopted by the Town of Middleton as indicated in
article histories. Amendments noted where applicable.]
[Adopted 11-29-2011 STM by Art. 5]
The purpose of bylaw is to ensure manufacturers and processing
facilities using flammable, combustible or hazardous materials are
using safe business practices and operating in accordance with industry
standards and all applicable federal, state and local laws.
For the purpose of Chapter 148 of the Town of Middleton General Code, all terms shall be as defined in the current version of the Commonwealth of Massachusetts Fire Prevention Regulations 527 CMR.
[Amended 6-5-2021 ATM by Art. 28]
All product manufacturing and processing facilities holding
a license for the storage of flammable and combustible materials shall
have their facility inspected annually by a licensed professional
chemical or mechanical engineer, or other licensed professional experienced
in chemical process equipment and operations similar to the licensee's
processes. It will be the responsibility of the licensee to notify
the Fire Chief of the date(s) and time(s) of the inspection, and allow
the Fire Chief or their designee to accompany the individuals involved
with the inspection. All product manufacturing facilities holding
a license for the storage of flammable and combustible materials shall
certify in writing annually that the facility complies with, at a
minimum, all applicable state and local fire codes and hazardous materials
regulations. The licensee shall maintain a copy of the inspection
reports on file and provide a copy of the reports to the Middleton
Fire Department.
All product manufacturing and processing facilities holding
a license for the storage of flammable and combustible materials shall
have their facility inspected by a third party, licensed professional
chemical or mechanical engineer, or other licensed professional experienced
in chemical process equipment and operations similar to the licensee's
processes at least once every five years. It will be the responsibility
of the licensee to notify the Fire Chief of the date(s) and time(s)
of the inspection, and allow the Fire Chief or their designee to accompany
the individuals involved with the inspection. The independent third
party professional shall certify in writing to the Middleton Fire
Department that the inspection has been done and that the facility
complies with, at a minimum, all applicable state and local fire codes
and hazardous chemical regulations. The licensee shall maintain a
copy of the inspection reports on file and provide a copy of the reports
to the Middleton Fire Department. Prior to the conduct of each five-year
inspection by a third party, the Fire Chief shall approve and certify
the independence of the third party inspector(s).
All manufacturing and processing facilities using flammable,
combustible, or hazardous materials shall have a permit issued by
the Middleton Fire Department, specifying the quantities for each
of the eight categories of flammable and/or combustible materials
in 527 CMR 14.03 (2) and shall list each hazardous material type and
quantity. A copy of this permit shall be conspicuously posted on the
premises for review.
The Middleton Fire Department will inspect licensed manufacturing
and processing facilities annually for compliance with MGL, c. 148,
Commonwealth of Massachusetts Fire Prevention Regulations 527 CMR
1.00 - 50.00, and the Town of Middleton Fire Prevention Code.[1]
[Amended 6-5-2021 ATM by Art. 28]
Whoever violates the provisions of this chapter may be punished by a fine of up to the amount authorized by Massachusetts General Laws under Chapter 148 as amended; the terms hereof may be enforced by the Chief of the Middleton Fire Department or their designee, and are subject to noncriminal citation pursuant to MGL, c. 40, § 21D and MGL, c. 148A. Violations may also require notification to abutters and may lead to suspension or revocation of the permit or license.
