The State Fire Code, 527 CMR, is hereby adopted by the City, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion. Such code is hereby adopted and incorporated as fully as if set out at length in this section, and the provisions thereof shall be controlling within the limits of the City.
A.
Wherever the word "municipality" is used in the Fire Prevention Code adopted by this article, it shall be held to mean the City of Fall River.
B.
Wherever the term "Corporation Counsel" is used in the Fire Prevention Code adopted by this article, it shall be held to mean the Attorney for the City.
A.
Any person who shall violate any of the provisions of the code adopted by this article or fail to comply therewith, or who shall violate 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 an order as affirmed or modified by the Bureau of Fire Prevention or by a court of competent jurisdiction, within the time fixed therein, shall severally, for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine of not less than $25 and not more than $50. 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.
Nothing in the code adopted by this article shall be construed, interpreted or applied to abrogate, nullify or abolish any law, ordinance, rule, regulation or code adopted by the City or the commonwealth governing the construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures and their service equipment, except as otherwise specifically provided in this article. When any provision of the code is found to be in conflict with any building, zoning, safety, health or other applicable law, ordinance, rule, regulation or code of the City or commonwealth, the provision which establishes the higher standard for the promotion and protection of the safety and welfare of the public shall prevail.
The City Council hereby declares that, should any section, paragraph, sentence, or word of this article or of the code adopted by this article be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this article independent of the elimination from this article of any such portion as may be declared invalid.
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 modification, when granted or allowed, and the decision of the Chief of the Fire Department thereon, shall be entered upon the records of the department, and a signed copy shall be furnished to the applicant.
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 adopted by this article do not apply or that the true intent and meaning 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 State Fire Marshal within 10 days from the date of the decision appealed.
[Amended 7-15-2008 by Ord. No. 2008-40]
The Inspector of Buildings, the Chief of the Fire Department and the Chief of the Bureau of Fire Prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those now enumerated in the code adopted by this article. The Chief of the Bureau of Fire Prevention shall post such list in a conspicuous place in his office and distribute copies thereof to interested persons.
The limits referred to in § 12.5b of the Fire Prevention Code adopted by this article, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: closely built commercial areas, heavily populated areas, and all other areas of the City, except any area for which a license has been or may be granted specifically for the storage of explosives and blasting agents by the licensing committee of the City Council as required by MGL c. 148, § 13.
A.
Storage in outside aboveground tanks. The limits referred to in § 16.22a of the Fire Prevention Code adopted by this article, in which storage of flammable liquids in outside aboveground tanks is prohibited, are hereby established as follows: mercantile and other congested districts, heavily populated areas, and all other areas of the City, except any area for which a license has been or may be granted specifically for the storage of flammable liquids in outside aboveground tanks by the licensing committee of the City Council as required by MGL c. 148, § 13.
B.
New bulk plants. The limits referred to in § 16.61 of the Fire Prevention Code adopted by this article, in which new bulk plants for flammable or combustible liquids are prohibited, are hereby established as follows: areas which are zoned for residential occupancies and mercantile establishments, and congested districts, and all other areas of the City, except any area for which a license may be granted specifically for the location of new bulk plants for flammable or combustible liquids.
The limits referred to in § 21.6a of the Fire Prevention Code, in which bulk storage of liquefied petroleum gas is restricted, are hereby established as follows: all heavily populated and congested commercial areas, and all other areas, except any area for which a license has been or may be issued specifically for the bulk storage of liquefied petroleum gas by the City Council as required by MGL c. 148, § 13.
A.
No person shall construct any aboveground tank or container of more than 500,000 gallons' water capacity for the storage of liquefied propane gas, liquefied natural gas or synthetic natural gas.
B.
Installation of any aboveground storage tank or container of more than 30,000 gallons' water capacity constructed for the storage of liquefied propane gas, liquefied natural gas or synthetic natural gas shall be surrounded by a separate dike built according to NFPA standards.
C.
No tank in excess of 5,000 gallons or any other structure shall be erected or installed for the purpose of storing, processing or liquefying propane, natural or synthetic natural gas within 500 feet of a residentially zoned area.
D.
No person shall construct a platform and appurtenances for the purpose of loading or unloading tank trucks and tank cars with liquefied propane gas, liquefied natural gas or synthetic natural gas within 500 feet of a residentially zoned area.
E.
Acting pursuant to the authority granted by MGL c. 164, § 75, the regulations and restrictions in this section have been promulgated by the City Council in the interest of public safety as it relates to fire and explosion.
F.
Notwithstanding the provisions of any rule, regulation or law to the contrary, no variance shall be granted to alter the standards set forth in this section relative to the handling, processing and storage of liquefied natural gas, liquefied propane gas and synthetic natural gas.
The routes referred to in § 12.7m of the Fire Prevention Code adopted by this article for vehicles transporting explosives and blasting agents are hereby established as follows:
A.
For transportation of explosives and blasting agents through the City, Routes 24 and/or 195 may be used.
B.
For transportation of explosives and blasting agents within the City:
(1)
The following streets and routes may be used for northbound or southbound transportation: North Main Street from President Avenue north, President Avenue from North Main Street west to Davol Street, Davol Street, Viaduct Street, Broadway, South Main Street from Globe Street to State Line, Bay Street, Globe Street between South Main Street and Bay Street, Route No. 24, Highland Avenue between Wilson Road and Robeson Street, Robeson Street, Plymouth Avenue and such other streets as may be necessary to reach a delivery point, avoiding heavily populated and congested districts and steep grades as much as possible.
(2)
The following streets and routes may be used for eastbound or westbound transportation: Route No. 195, Eastern Avenue, Northeastern Avenue, President Avenue between Northeastern Avenue and Robeson Street, Robeson Street, Wilson Road, North Main Street from President Avenue north, Plymouth Avenue, Bedford Street, Central Street and such other streets as may be necessary to reach a delivery point, avoiding heavily populated and congested districts and steep grades as much as possible.
The routes referred to in § 20.14 of the Fire Prevention Code adopted by this article for vehicles transporting hazardous chemicals and other dangerous articles are hereby established as follows:
A.
For transportation of hazardous chemicals and other dangerous articles through the City, Routes 24 and/or 195 may be used.
B.
For transportation of hazardous chemicals and other dangerous articles within the City:
(1)
The following streets and routes may be used for northbound or southbound transportation: North Main Street to President Avenue north, President Avenue from North Main Street west to Davol Street, Davol Street, Viaduct Street, Broadway, South Main Street from Globe Street south to the state line, Bay Street, Globe Street between Bay Street and South Main Street, Route 24, Highland Avenue between Wilson Road and Robeson Street, Robeson Street, Plymouth Avenue, and such other streets as may be necessary to reach a delivery point, avoiding heavily populated and congested areas and steep grades whenever possible.
(2)
The following routes may be used for eastbound or westbound transportation: Route 195, Eastern Avenue, Northeastern Avenue, President Avenue between Northeastern Avenue and Robeson Street, Robeson Street, Wilson Road, North Main Street, Plymouth Avenue, Bedford Street, Central Street and such other streets as may be necessary to reach a delivery point, avoiding heavily populated and congested areas and steep grades whenever possible.
No person shall permit any vehicle under his care or control to pass upon or over any fire hose placed in any street by order of the Chief of the Fire Department or being used at a fire.
