[HISTORY: Adopted by the City Council of the City of Springfield
as Title 7, Ch. 7.12, of the 1986 Code. Amendments noted where applicable.]
A.
Establishment; composition; appointment of members.
(1)
A Bureau of Fire Prevention is established in the Fire Department
of the City.
(2)
Such Bureau shall consist of the Fire Prevention Supervisor, one
Assistant Fire Prevention Supervisor and such number of inspectors
as the Board of Fire Commissioners deems proper, all of whom shall
be appointed by the Board of Fire Commissioners from members of the
Fire Department in conformity with Massachusetts General Laws Chapter
31, if required, and who shall be under the supervision and direction
of the Chief of the Fire Department.
B.
Duties.
(1)
It shall be the duty of the Bureau of Fire Prevention to aid the
Chief of the Fire Department to enforce the observance of the laws
of the Commonwealth and the ordinances of the City in connection with
the following matters, when directed by the Chief:
(2)
It shall be the duty of the Bureau of Fire Prevention to assist the
Chief in the performance of the duties required of him by the statutes
of the commonwealth in the matter of fire prevention.
So far as authorized by law, the Chief of the Fire Department,
the Fire Prevention Supervisor, Assistant Fire Prevention Supervisor
and inspectors shall inspect, as often as may be necessary, any building
or part thereof or any premises or part thereof that is or may become
dangerous to the public safety as a fire menace.
A.
If the Chief of the Fire Department or any member of the Bureau of
Fire Prevention finds, on inspection of premises, buildings or structures,
any rubbish, debris, waste or inflammable or combustible materials,
and that the same are not so arranged or disposed of as to afford
reasonable safeguard against the dangers of fire, or if they find
that the articles, materials, goods, wares and merchandise on or in
such premises, buildings or structures are so arranged and disposed
of that the occupants thereof or persons rightfully on or in the same
would not, because of such arrangement and disposition, be afforded
reasonable access to the exits of such premises, buildings or structures
in case of fire, or if they find that by reason of such arrangement
or disposition the members of the Fire Department would unnecessarily
and unreasonably be interfered with in the exercise of their duties
in and about such premises, buildings or structures in case of fire
in the same, they may order in writing the removal of such rubbish,
debris, waste or inflammable or combustible materials from such premises,
buildings or structures, or the disposing and arranging of the same
on or in such premises, buildings or structures in such manner as
will remove such danger from fire.
B.
They may also order in writing that such articles, materials, goods,
wares or merchandise be so arranged and disposed of on or in such
premises, buildings or structures that the occupants thereof, or the
persons rightfully on or in the same, shall be afforded all reasonable
access to the exits from the same in case of fire, and the members
of the Fire Department will be afforded all reasonable facilities
for the discharge of their duties in and about such premises, buildings
or structures in case of fire.
A.
Customer pumping generally prohibited. No owner and/or operator of
any gasoline filling station shall allow the pumping of gasoline,
from the pumps to the gas tank, for retail sale by any person other
than an authorized attendant employee or owner of said filling station
except as permitted by this section. It shall be the responsibility
of the attendant or owner to control all sources of ignition and immediately
handle accidental gas spills and fire extinguishers, if needed within
said filling station.
B.
License requirement for all self-service stations. No building or
other structure located in the City shall be used as a self-service
gas station unless the City has granted a license to use the land
on which such building or other structure is or is to be situated
for a self-service gas station.
C.
Procedure for granting self-service gasoline station licenses. The
procedure for granting a self-service gasoline station license shall
be as provided in MGL c. 148, § 13, and in this section.
The City Clerk, upon receipt of an application for a self-service
gas station license, shall notify the Chief of the Fire Department,
the Building Commissioner, the Planning Director and the Director
of Public Works, each of whom shall review the application in light
of the concerns of their department and file a written report to the
City Council within three weeks of the City Clerk's notification to
them or within such other time as the City Council may permit, which
shall in no event be later than one week prior to the public hearing.
After receipt of the reports and after the notice outlined in MGL
c. 148, § 13, has been given, the City Council shall
hold a public hearing on the license application. Thereafter, the
City Council may, by majority vote, grant the license applied for.
The City Council shall act on the license application within 90 days
of the date on which such license application is filed with the City
Clerk. Failure of the City Council to take final action granting a
license application within the ninety-day period shall be deemed a
denial of the license applied for.
D.
Guidelines for considering self-service gasoline station license
applications. The City Council may consider any or all of the guidelines
listed below (depending on the appropriateness of their application
to each particular set of facts) to assist it in arriving at its decision
to grant or deny a self-service gas station license:
(1)
Whether the site for the license sought is to be used exclusively
for self-service operation in the dispensing of gasoline, or would
include full-service or attendant-dispensing of gasoline as well (i.e.
so called "split island" operation), and if so whether the applicant
has adequately provided for proper supervision of the self-service
island when attendants are otherwise occupied at the full-service
island.
(2)
Whether the site for the license is to be used solely for the sale
of gasoline and allied motor vehicle products and services (other
than the dispensing by vending machines of cigarettes, soda and the
like), or is to be used in conjunction with the sale of merchandise
not related to motor vehicles, such as groceries, dairy items, paper
products or household items, newspapers or magazines; if the site
is also to be used for the sale of merchandise not related to motor
vehicles, then regard shall be had to whether the applicant had adequately
provided for supervision of customer dispensing of gasoline when attendants
are otherwise occupied with the sale of merchandise not related to
motor vehicles.
(3)
Capability of console operators to handle emergency situations and
regulate traffic within the station.
(4)
Whether the site for the license sought is to have available running
water and at least one portable approved fire extinguisher and a compressed
air dispenser for the convenience of the public.
(5)
Whether the self-service operator for which the license is sought
is to include the sale (and/or storage) of propane gas.
(6)
Whether the approval of the license would contribute to a concentration
of hazardous conditions within the immediate vicinity; consideration
may be given to response time for emergency vehicles, accessibility
of entrances and exits and existing traffic congestion or conditions,
narrowness of streets, number of business activities handling gasoline
or other hazardous or inflammable materials in the immediate area.
(7)
Convenience of location to a large segment of the public, traffic
conditions, size of street, noise, adjacent residential areas, general
effect of such facility on the neighborhood.
(8)
Any or all other factors appropriate and relevant under the aforesaid
guidelines in arriving at its decision.
E.
Conditions and restrictions on self-service gasoline station licenses.
The Council, pursuant to its authority under MGL c. 148, § 13,
may prescribe reasonable conditions and restrictions in the granting
of any such license, including a condition that the license be exercised
to such extent and within such period as may be fixed by the Council.
Licenses granted shall be subject to any such restrictions or conditions
prescribed.
F.
Exemption for certain self-service gasoline stations. This section
shall not apply to any gasoline filling station which was operating
as a self-service gasoline station on or before May 30, 1979.
G.
Loss of self-service gasoline station status. Any self-service gasoline station either operating under Subsection F of this section or licensed under Subsection B of this section which ceases to operate as such for one year shall be subject to Subsection A of this section as to any future operations at that place of business for the purpose of operating a gasoline filling station.
H.
Application of section. The provisions of this section shall apply to all conversions from full service gasoline stations to self-service or "split island" gasoline service stations. This section shall apply to all new and existing gasoline service stations except those exempted under Subsection F of this section. The license requirement of this section shall not relieve the applicant of the duty to comply with any and all other laws, ordinances, rules and regulations, licenses and permits, applicable to gasoline service stations.
I.
Sale of gasoline for illegal purposes.
[Added 11-15-2021]
(1)
No owner or employee of any retail dealer of gasoline shall sell,
offer for sale, or attempt to sell any article or product represented
as gasoline for use in any off-highway vehicle as defined in Massachusetts
General Laws Chapter this ordinance, unless that vehicle is conveyed
to and from the retailer's premises by a registered motor vehicle,
as defined under MGL C. 90B, § 20, as may be amended, and
no individual shall purchase or attempt to purchase gasoline for use
in any off-highway vehicle as defined in this ordinance.
(2)
Signs with the words "FUELING OF ALL TERRAIN VEHICLES, MINI CYCLES,
DIRT BIKES, OR OTHER UNAUTHORIZED VEHICLES PROHIBITED'' in English
and "PROHIBIDO DESPACHAR GASOLINA A ALL TERRAIN VEHICLES, MINI CYCLES
O DIRT BIKES O A OTROS VEHICULOS NO AUTORIZADOS" in Spanish at least
one inch in height with a contrasting margin shall be posted at all
dispensing locations. The location of warning signs shall be based
on local conditions but shall be visible and legible from all gas
pumps. Signage shall be provided by the City of Springfield.
(3)
Any owner of any retail dealer of gasoline who violates any provision of Subsection I(1) or (2) of this section who owns or is employed by a retail dealer that has been previously issued one warning as the result of a previous violation of Subsection I(1) or (2) of this section shall be fined $100 per occurrence. Each off-highway vehicle as to which an owner or employee of any retail dealer of gasoline sells, offers for sale, or attempts to sell gasoline shall be considered a separate violation of Subsection I(1) above.
[Amended 5-1-2023]
A.
If the
Commissioner of the Fire Department, or any member of the Bureau of
Fire Prevention, finds that the appliances on or in any premises,
buildings or structures for protection against fire are not in proper
condition, or of insufficient size or number, or are otherwise insufficient
for the purpose for which the same are designed and intended, or if
they find that such appliances are reasonably necessary for the protection
of such premises, buildings or structures but are absent, the Commissioner
of the Fire Department shall order, in case of such improper condition
or insufficiency, that the same be placed in proper condition and
rendered reasonably sufficient to provide reasonable protection against
fire, and, in the case of absence of such appliances where the Commissioner
may find that they are reasonably necessary for protection against
fire, the Commissioner shall order the installation of appliances
sufficient to afford such reasonable protection in case of fire to
such premises, buildings or structures and to the occupants thereof
or persons rightfully on or in the same.
B.
Inspection
reports shall be filed with the Fire Prevention Bureau immediately
upon completion of installation or testing of fire protection appliances
by a third-party vendor in a manner determined by the Fire Commissioner
to be in the best interest of public safety.
A.
The Fire Prevention Supervisor and all inspectors of the Bureau of
Fire Prevention shall report to the Chief of the Fire Department,
in writing, the results of their inspections.
B.
These reports shall be filed in the office of the Chief for the period
of time that a particular building remains standing and, as far as
an occupant of a building is concerned, for the period of the occupancy.
Should any owner, lessee or occupant of any premises, buildings
or structures or the owner or person in control of any materials,
goods, wares or merchandise consider himself aggrieved by such order
of the Fire Prevention Supervisor or any supervisor of the Bureau
of Fire Prevention, he may, within 24 hours after such order has been
served on him, appeal to the Chief of the Fire Department, who shall
thereupon make such order in the premises as in his discretion he
may deem right and reasonable, and such order shall be final.
Any owner, lessee or occupant of any buildings, premises or structures referred to in §§ 178-4 through 178-9 or any owner or person in control of such articles, materials, goods and merchandise as are referred to in such sections, who fails or neglects to discharge any of the duties imposed by such sections, and the orders of the Chief of the Fire Department, Fire Prevention Supervisor or any member of the Bureau of Fire Prevention, on conviction thereof, shall be subject to a penalty as provided in § 1-25.
The orders mentioned in §§ 178-4 through 178-9 shall be directed to the owner, lessee or occupant of such premises, buildings or structures, or to the owner or person in control of the article, materials, goods, wares or merchandise referred to in such sections, as the circumstances may require, and it is the duty of such owner, lessee or occupant of such premises, buildings or structures, and of such person in control of such articles, materials, goods, wares and merchandise, or the owner thereof, to comply with such orders with all reasonable dispatch and diligence.
A.
No person shall keep, store, sell or cause to be sold or shall use,
cause or allow to be used in any building any fuel-burning portable
space heater. A "portable space heater" is a space heater which, when
installed in a building, is not firmly affixed in place by a rigid
pipe connection or otherwise and is not permanently connected to a
chimney, stack or flue as described in Chapter 11, Springfield Building
Code, revised November 1956.[1]
[1]
Editor's Note: The Building Code does not appear in this volume,
but may be found on file in the office of the Building Commissioner.
B.
Subsection A of this section shall not apply to approved salamanders used by the building trades in buildings under alteration or construction.
C.
No person shall use, cause or allow to be used in any building a
portable fuel-burning space heater unless such heater is firmly affixed
in place and permanently connected to a chimney, stack or flue.
[Amended 4-16-2003]
A.
No person shall be engaged in the business of using, displaying or
exhibiting fireworks or pyrotechnics special-effect devices or explosive
compositions or materials or any combination of the same, or any article
which was prepared for the purpose of producing a visible or audible
effect by combustion, explosion, deflagration or detonation in any
indoor building or structure in the City as such terms are defined
in 527 CMR 2.00. No person shall be exempted from the provisions of
this section; however, any person may apply for an exemption and if
granted shall comply with the provisions of the following subsections
of this section.
B.
Every person shall have, during the entire time of any display or
exhibit of fireworks or pyrotechnics special-effect devices or explosive
compositions or materials or any combination of the same, or any article
which was prepared for the purpose of producing a visible or audible
effect by combustion, explosion, deflagration or detonation, at least
two fire fighters on duty, at least two water-based fire extinguishers,
a licensed special effects operator (a pyrotechnic operator) and a
permit from the Springfield Fire Department.
C.
Pyrotechnic devices and materials used indoors shall be specifically
manufactured and marked for indoor use by the manufacture. There shall
be no pyrotechnic devices or materials in any indoor building or structure
with a ceiling less than 25 feet level above the floor. There shall
be no pyrotechnic devices or materials in any indoor building or structure
that has glowing or flaming particles within 20 feet of the audience.
D.
Before the performance of any production, the permittee shall submit
to the Fire Department a plan for the use of the pyrotechnic. The
plan for the use of pyrotechnics shall be made in writing or such
other form as is approved by the Fire Department.
(1)
The
plan shall provide the following:
(a)
Name of the person, group, or organization sponsoring the production.
(b)
Date and time of the production.
(c)
Exact location of the production.
(d)
Name of the person actually in charge of firing the pyrotechnics
(i.e., the pyrotechnic operator).
(e)
Number, names and ages of all assistants who are to be present.
(f)
Qualifications of the pyrotechnic operator.
(g)
Pyrotechnic experience of the operator.
(h)
Confirmation of any applicable state or federal licenses held
by the operator or assistant(s).
(i)
Evidence of the permittee's insurance carrier or financial responsibility.
(j)
Number and types of pyrotechnic devices and materials to be
used, the operator's experience with those devices and effects, and
a definition of the general responsibilities of the assistants.
(k)
Diagram of the grounds or facilities where the production is
to be held. This diagram shall show the point at which the pyrotechnic
devices are to be fired, the fallout radius for each pyrotechnic device
used in the performance, and the lines behind which the audience shall
be restrained.
(l)
Point of on-site assembly of pyrotechnic devices or materials.
(m)
Manner and place of storage of the pyrotechnic devices or materials.
(n)
Material safety data sheets (MSDS) for the pyrotechnic devices
or materials to be used.
(o)
Certification that the set, scenery, and rigging materials are
inherently flame-retardant or have been treated to achieve flame retardancy.
(p)
Certification that all materials worn by performers in the fallout
area of pyrotechnic effects shall be inherently flame-retardant or
have been treated to achieve flame retardancy.
(2)
All plans shall be submitted as soon as possible so that the Fire
Department has time to be present and to notify other interested parties.
In no event shall such advance notice be less than 15 days prior to
the performance;
(3)
A representative demonstration of the pyrotechnic devices or materials
shall be approved by the Fire Department before a permit is approved.
The Fire Department shall be permitted to waive this requirement based
on past history, prior knowledge, and other factors, provided the
Fire Department is confident that the discharge of the pyrotechnic
devices or materials can be conducted safely.
(4)
All exit locations shall be announced to the patrons prior to the
start of the performance.
(5)
The permittee shall pay to the Fire Department an inspection fee
in accordance with the Fire Department's fee schedule, as may be amended.
E.
The Fire Department may set such other rules and regulations as it
deems necessary in accordance with fire prevention codes and regulations
for the safety of the citizens of the City.
A.
Inspection; certificate of inspection; fees.
(1)
The Fire Department may, upon request in writing by an owner or occupant
of any building or structure occupied in whole or in part for residential
purposes and not regulated by MGL c. 148, § 26A, 26B
or 26C, and upon payment of the fees stated below, inspect said property
to determine compliance with MGL c. 148, § 26F, and
issue a certificate stating the date of such inspection and the compliance
status of the premises on such date.
(2)
The fee for such inspection shall be $10.
(3)
If additional inspections are necessary, there will be a fee of $5
for each additional inspection and certificate.
(4)
All fees shall be solely for the purposes of defraying the actual
cost of such inspections and issuance of such certificates.
B.
Ordering installation in certain buildings.
[Amended 10-18-2005]
(1)
ALARM AUDIBILITY
APARTMENT HOUSE
APPROVED DETECTOR
DWELLING UNIT
HEAD OF THE FIRE DEPARTMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
All alarm-sounding devices shall have a minimum rating of
85 dBa (adjusted decibels) at 10 feet or three meters.
A building containing six or more dwelling units with independent
cooking and bathroom facilities, whether designated as an apartment
house, tenement, garden apartment, condominium or by another name.
A device which is automatically activated by visible products
of combustion or abnormally high temperature or rate of rise in temperature
and initiates an audible alarm that can be effectively heard above
the maximum noise level obtained under normal conditions of occupancy
and is approved by the head of the Fire Department.
A single unit consisting of one or more rooms and providing
complete independent living facilities for one or more persons, including
permanent provisions for living, sleeping, cooking and sanitation.
The Chief of the City Fire Department or his designee.
(2)
Installation requirement.
(a)
Every apartment house, building or structure containing three
or more dwelling units and which is not otherwise regulated by MGL
c. 148, §§ 26A and 26B, shall, within one year
of the effective date of this section, be equipped with an approved
smoke or heat detector in each dwelling unit, each common area or
hallway, each story of the structure, basement area, and rear and/or
front porches as specified by the head of the Fire Department. The
responsibilities of the Fire Department under this section shall be
to enforce the provisions contained in this section, test installed
detector systems and issue certificates of compliance.
(b)
Installation requirements of smoke detectors in single- or two-family
residential buildings or structures. Every house, building or structure
in the City containing one- and two-family dwelling units occupied
in whole or in part for residential purposes and not otherwise regulated
by MGL c. 148, § 26A or 26B, shall, within 90 days
of the effective date of this section, be equipped with approved smoke
detectors. Owners of such buildings or structures shall install either
an approved monitored battery-powered smoke detector or an approved
primary-power smoke detector on each level of habitation and on the
basement level; provided, however, that the head of the Fire Department
shall allow the installation of approved monitored battery-powered
smoke detectors. Such approved smoke detectors shall be installed
in the following manner: an approved smoke detector shall be installed
on the ceiling of each stairway leading to the floor above; near the
base of but not within each stairway; and an approved smoke detector
shall be installed outside each separate sleeping area. The responsibilities
of the Fire Department under this section shall be to enforce the
provisions contained in this section and to test installed smoke detector
systems.
(3)
Areas of installation. The owner of the apartment house, dwelling,
building or structure required to be equipped with detectors under
this section shall install detectors in all areas as specified by
the head of the Fire Department.
(4)
Submission of plans to Fire Department head; system testing.
(a)
Prior to the installation of any detectors required by this
section, the owner of the building shall submit plans and specifications
of the proposed installation to the head of the Fire Department for
his approval.
(b)
Upon completion of the installation, the owner shall notify
the head of the Fire Department and arrange for a test of the system
to be made in the presence of the head of the Fire Department or his
designee. Upon completion of a successful testing of the system, the
head of the Fire Department shall issue a certificate of compliance
to the owner of the building. Such certificate of compliance shall
also be accepted as compliance with the provisions of MGL c. 148,
§ 26F. A fee of $10 for an initial testing of the system
shall be charged by the head of the Fire Department whether or not
a certificate of compliance is then issued. If additional inspections
are necessary, there may be a fee of $5 for each additional inspection
and certificate.
(5)
Authority to inspect. The head of the Fire Department or his designee
shall have authority to make an inspection and test of the detector
system at any reasonable hour, except that testing of detectors within
dwelling units shall not be done without the consent of the occupant.
(6)
Heat detector provision for certain stairways. Apartment houses containing
open rear stairways shall be provided with a heat detector on the
first-floor rear porch or stairway and on the top-floor rear porch
or stairway. Such detectors shall be interconnected or connected to
an alarm or gong so that the activation of either detector will cause
an audible alarm which can be heard in all dwelling units accessible
from these rear stairways or porches.
(7)
The penalty for violation of this section shall be a fine of up to
$200 for each day on which a building remains in violation. Whoever,
without authority, removes, tampers or meddles with or interferes
in any other way by breaking, cutting, injuring or defacing a smoke
detector installed pursuant to this section shall be punished by a
fine of not more than $200.
A.
The City Council, upon recommendation of the Fire Chief and Traffic
Commission, shall designate fire lanes within the limits of any private
way, parking area or driveway for the access of fire apparatus or
other emergency vehicles onto commercial property and hospitals.
B.
There shall be a "No Parking-Fire Lane" area for not less than 30
feet perpendicular to the curbline of said private way, parking area
or driveway, of which eight feet from the curbline shall be painted
with diagonal lines including the words "Fire Lane-No Parking." The
color and size of these pavement markings shall be approved by the
Traffic Commission.
C.
Upon recommendation of the Fire Chief and the Traffic Commission,
a waiver may be granted and a fire lane may be established which is
not less 22 feet in width. Such waiver shall be granted by the City
Council only if the failure to do so would constitute a hardship for
the owner of the private way, parking area or driveway and only upon
certification by the Fire Chief and the Traffic Commission that such
waiver does not interfere with or defeat the purpose of this section,
which is to provide adequate access for Fire Department equipment
to such premises.
D.
The owner of record of any area designated as a fire lane shall provide
and install signs that shall read "No Parking-Fire Lane-Violators
will be fined $15 and will have their vehicles towed at their expense."
The size, color, design and wording of said sign will be first approved
by the Traffic Commission.
E.
It is unlawful to obstruct or block any area designed as a fire lane
with a vehicle or by any other means. The registered owner of any
vehicle parked, attended or unattended within the limits designated
as a fire lane shall be punished by a fine not to exceed $15 for each
offense.
Every automobile wrecking yard, junkyard or salvage yard must
drain and purge the fuel tanks of motor vehicles received in the course
of business within 24 hours after delivery of the vehicles to the
yard. No person shall drain any flammable liquid from the fuel tank
of any vehicle except into an approved safety can, and such liquid
may be either stored in such can or transferred to an approved underground
tank or into fuel tanks on operable vehicles.
[Added 2-25-1999]
A.
The City Council of the City of Springfield finds that the City of
Springfield's Fire Department may be summoned at times when a structure
or area is not occupied or when the occupant of a structure or area
is not able to provide an ingress for the Fire Department, and further
finds it is desirable to prevent damage through forceful entry to
structures or areas and to provide swift entry into such structures
or areas by the Fire Department, and therefore that a key box system
should be established in the City of Springfield.
B.
Key box. When an automatic alarm system or a fire sprinkler system
protects a structure or area within the City, a key box of a UL-type
approved by the City's Fire Chief shall be installed on the property
in a location approved by the City's Fire Chief. The key box should
be keyed to the Fire Department standard emergency key. It shall be
the responsibility of the owner, lessee, tenant, or other party in
control of the structure or area to:
C.
Contents.
(1)
Such
key boxes shall contain the following:
(a)
Keys to locked points of egress, whether on the interior or
exterior of such building or area.
(b)
Keys for the fire alarm panel and room.
(c)
Keys to lock mechanical equipment rooms, if any are required.
(d)
Keys to lock electrical rooms, if any are required.
(e)
Keys to elevator controls and fire-fighter switch, if any are
required.
(f)
Keys to other areas as directed by officials of the City's Fire
Department, if any are required.
(g)
Keys to any area with hazardous conditions or materials, if
any are required.
(h)
A current list of employees to be called in case of an emergency.
(2)
The Fire Department must be notified of any change in the list of
emergency employees or keys within 24 hours.
D.
This section shall not apply to structures used exclusively as one-,
two-, or three-family dwellings.
