(A0173-12; Ord of 5-26-98; C0046-20; amended as part of October 2021 update)
The following words and phrases, when used in this chapter, shall have the meaning ascribed to them in this section:
(a) 
“Capacity” means a maximum combined total of all flammable products or their by-products licensed by the city council on a person’s property.
(b) 
“Carrier” means a person engaged in the business of transporting L.E.G. by L.E.G. trailer or other vehicle; if the trailer or vehicle is leased, the lessee is the carrier.
(c) 
“Class I liquid” means any flammable liquid. Class I liquids are further divided into Class IA, Class IB and Class IC liquids.
(d) 
“Class IA liquid” means a flammable liquid that has a flash point less than 73°F (22.8° C) and a boiling point less than 100°F (37.8°C). Additionally, unstable flammable liquids are treated as Class IA liquids.
(e) 
“Class IB liquid” means a flammable liquid that has a flash point less than 73°F (22.8° C) and a boiling point equal to or greater than 100°F (37.8°C).
(f) 
“Class IC liquid” means a flammable liquid that has a flash point equal to or greater than 73°F (22.8° C) and less than 100°F and a boiling point equal to or greater than 100°F (37.8°C).
(g) 
“Class II liquid” means a combustible liquid that has a flash point at or above 100° F (37.8°C) and below 140°F (60° C).
(h) 
“Class IIIA liquid” means a combustible liquid that has a flash point at or above 140°F (60° C), but below 200°F (93° C).
(i) 
“Class IIIB liquid” means a combustible liquid that has a flash point at above 200°F (93° C).
(j) 
“Combustible liquid” means any liquid that has a closed-cup flashpoint at or above 100° F (37.8°C), as determined by the test procedure and apparatus specified in Section 4.4 of NFPA 30, Flammable and Combustible Liquids Code.
(k) 
“Fire chief” means the Everett fire chief or his designee.
(l) 
“Fire detail” means a contingent consisting of 1 firefighter or more, which shall be present during events requiring same, to ensure the safety of lives, the environment, and property from the perils of fire, hazardous materials and/or other causes under the jurisdiction of the fire department.
(m) 
Fire Watch.
A fire watch shall be composed of permanently appointed firefighters taken from the active ranks of the city of Everett fire department and are here considered equivalent or equal to a fire detail.
(n) 
“Firefighter” means a full-time permanently appointed firefighter employed by the city of Everett and working for the city of Everett and/or those similarly employed by adjacent communities that are part of the mutual-aid agreement.
(o) 
“Flammable gas” means a material that is a gas at 68° F (20° C) or less at an absolute pressure of 14.7 psi (101.3 kPa), that is ignitable at an absolute pressure of 14.7 psi (101.3 kPa), when in a mixture of 13 percent or less by volume with air, or that has a flammable range at an absolute pressure of 14.7 psi (101.3 kPa) with air of at least 12 percent, regardless of the lower limit.
(p) 
“Flammable liquid” means any liquid that has a closed-cup flashpoint below 100° F (37.8°C), as determined by the test procedure and apparatus specified in Section 4.4 of NFPA 30, Flammable and Combustible Liquids Code and a REID vapor pressure that does not exceed an absolute pressure of 40 psi (276 kPa) at 100° F (37.8°C), as determined by ASTM D 323, Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method).
(q) 
“Flammable solid” means a solid, other than a substance defined as a blasting agent or explosive, that is liable to cause fire resulting from friction or retained heat from manufacture, that has an ignition temperature below 212°F (100° C) or that burns so vigorously or persistently when ignited that it creates a serious hazard.
(r) 
“Flash point” means the minimum temperature at which sufficient vapor is given off a liquid to form an ignitable mixture with air, near the surface of the liquid or within the vessel used, as determined by the appropriate test procedure and apparatus specified in Section 4.4 of NFPA 30, Flammable and Combustible Liquids Code.
(s) 
“Gallon” means the U.S. standard gallon.
(t) 
“Hot work” includes any open flame, electrical equipment which may cause sparks, including welding, cutting or spark producing operation.
(u) 
“L.E.G.” means liquefied energy gases.
(v) 
“L.E.G. trailer” means a tank trailer designed for the bulk transport of L.E.G.
(w) 
“NFPA” means National Fire Protection Association.
(x) 
“Person” means any agency or political subdivision of the Federal Government or the Commonwealth of Massachusetts; any state, public or private corporation or authority, individual, trust, firm, joint stock company, partnership, association, consortium, joint venture, or other commercial entity; and any officer, employee or agent of said person, and any group of said persons.
(y) 
“Police chief” means the Everett police chief or his designee.
(z) 
“Psi” means pound per square inch and is the pressure resulting from a force of 1 pound-force applied to an area of 1 square inch.
(aa) 
“Psia” means pounds per square inch absolute and is used to make it clear that the pressure is relative to a vacuum rather than the ambient atmospheric pressure. Since atmospheric pressure at sea level is around 14.7 psi, this will be added to any pressure reading made in air at sea level.
(Rev. Ords. 1976, Pt. 2, Ch. 7, § 29; Ord. of 10-17-77(1); Ord. of 10-17-77(2); Ord. of 11-5-86(3); Ord. of 2-26-90; Ord. of 5-14-90; A0339-06; amended C0255-18; amended C0098-19; C0154-19; C0101-19)
(a) 
Flammables storage permit.
(1) 
A flammables storage permit shall be required for the storage of any amount of flammable and combustible fluids, flammable solids and/or flammable gases.
(2) 
Such permit shall be issued by the fire chief.
(3) 
The fire chief may restrict the quantities of flammable/combustible materials to be stored under such permit.
(b) 
Flammable products storage license required.
(1) 
A flammable products storage license shall be required whenever the volume of any category of flammable and/or combustible materials to be stored on a parcel of land meets or exceeds the volume associated with such material in the following table.
Flammable/Combustible Material
Volume requiring a license
Class I Flammable Liquids
(In portable containers)
≥ 793 gallons
Class I Flammable Liquids
(In fixed storage containers)
≥ 1,000 gallons
Class II Combustible Liquids
≥ 1,000 gallons
Class IIIA Combustible Liquids
≥ 1,000 gallons
Class IIIB Combustible Liquids
≥ 1,000 gallons
Flammable Solids
≥ 100 pounds
Flammable Gases (Within a building)
≥ 1,000 cubic feet
Flammable Gases (Outside a building)
≥ 1,000 cubic feet
Anyone storing any volume of flammable and/or combustible materials requiring a flammable products storage license without such license may be subject to a fine in accordance with Section 1-8 of these Revised Ordinances.
(2) 
In general.
a. 
Flammable products storage licenses shall only be granted to a parcel of land and not to an individual.
b. 
Such licenses shall remain in force unless and until modified or revoked by the city’s licensing authority for such licenses.
(3) 
Licensing.
a. 
The city council shall be the city’s licensing authority for flammable products storage licenses.
b. 
Any licensing ordinances pertaining to flammable products storage licenses not found in this subsection are located in Chapter 12 of these Revised Ordinances in the Article pertaining to licenses/permits issued under the authority of the city council.
c. 
Flammable products storage licenses may be amended by the city council to reflect changes to:
1. 
The types of flammable/combustible materials to be stored;
2. 
The storage capacity of the various classifications of flammable/combustible materials to be stored; and
3. 
The conditions and/or restrictions placed on such licenses.
(4) 
Record keeping.
The permanent record of a flammable products storage license shall be recorded and maintained by the city clerk.
(c) 
Flammables storage registrations.
(1) 
A flammables storage registration shall be filed annually, on or before April 30th, with the city clerk for every flammable products storage license issued by the city.
(2) 
Such registration serves to inform the city clerk that the license is still being exercised, and the name of the person or entity exercising the license.
(3) 
The owner/occupant of a parcel of land previously issued a flammable products storage license may retain such license even if they do not currently have the capacity to store any flammable and/or combustible materials on the parcel. However, in order to maintain such license, they must still file an annual flammables storage registration with the city clerk.
(4) 
The city clerk shall provide the owner/occupant of record for every flammable products storage license issued by the city with a flammables registration application no later than March 31st of each year.
(5) 
The owner/occupant of the land who currently exercises said license shall file an application for such registration with the city clerk along with:
a. 
A certificate of good standing as completed by the collector’s office;
b. 
A fire inspection report as completed by fire prevention; and
c. 
The required registration fee.
(6) 
The owner/occupant of a parcel of land issued a flammable products storage license shall annually pay a minimum flammables registration fee for such license even if they do not currently exceed the minimum storage capacity of any of the eight (8) classifications of flammable/combustible materials licensed by the city. The required registration fee for said registration shall be the average minimum registration fee for the eight (8) classifications of flammable/combustible materials licensed by the city. Otherwise, such registration fee shall be based on the land’s licensed storage capacity of flammable and/or combustible materials and shall be calculated in accordance with the criteria listed in the following table:
Flammable/Combustible Material
Minimum Registration Fee/Threshold
Registration Fees by Capacity
Maximum Registration Fee
Class IA Flammable Liquids
$40.00/1,000 gallons
1 – 50,000 gallons – $0.04 per gallon
50,001 – 1,000,000 gallons – $0.0016 per gallon
> 1,000,000 gallons – $0.0024 per gallon
$50,000
Class IB Flammable Liquids
$40.00/1,000 gallons
1 – 50,000 gallons – $0.04 per gallon
50,001 – 1,000,000 gallons – $0.0016 per gallon > 1,000,000
gallons – $0.0024 per gallon
$50,000
Class IC Flammable Liquids
$40.00/1,000 gallons
1 – 50,000 gallons – $0.04 per gallon
50,001 – 1,000,000 gallons – $0.0016 per gallon > 1,000,000
gallons – $0.0024 per gallon
$50,000
Class II Combustible Liquids
$80.00/1,000 gallons
1 – 50,000 gallons – $0.08 per gallon
50,001 – 1,000,000 gallons – $0.0016 per gallon > 1,000,000
gallons – $0.0024 per gallon
$50,000
Class IIIA Combustible Liquids
$80.00/1,000 gallons
1 – 50,000 gallons – $0.08 per gallon
50,001 – 1,000,000 gallons – $0.0016 per gallon > 1,000,000
gallons – $0.0024 per gallon
$50,000
Class IIIB Combustible Liquids
$80.00/1,000 gallons
1 – 50,000 gallons – $0.08 per gallon
50,001 – 1,000,000 gallons – $0.0016 per gallon > 1,000,000
gallons – $0.0024 per gallon
$50,000
Flammable Solids
$10.00/100 cubic feet
1 – 1,000 cubic feet – $0.10 per cubic foot
1,001 – 500,000 cubic feet – $0.01 per cubic foot > 500,000
cubic feet – $0.0015 per cubic foot
$50,000
Flammable Gases
$10.00/100 cubic feet
1 – 1,000 cubic feet – $0.10 per cubic foot
1,001 – 500,000 cubic feet – $0.01 per cubic foot > 500,000
cubic feet – $0.0015 per cubic foot
$50,000
(7) 
If the city clerk approves a registration application for a flammable products storage license, a certificate of registration shall be issued to the owner/occupant of the land who currently exercises such license. Such certificate must be plainly posted on said owner’s/occupant’s licensed premises.
(8) 
Failure to file an annual registration for a flammable products storage license by the expiration date of the previous registration shall be grounds for the revocation of such license.
(9) 
The permanent record of such registration shall be recorded and maintained by the city clerk.
(Ord. of 12-18-78)
All applications for the storage, keeping, manufacture or sale of hydrocarbons, flammable, flammable fuels, shall contain the specific commercial (e.g., gasoline) name of the product as used in the trade, other than its generic (e.g., benzene) term.
(Rev. Ords. 1976, Pt. 2, Ch. 7, §§ 29A, 29B, 30; Ord. of 3-7-77; Ord. of 4-6-87; A0173-12)
(a) 
No new bulk storage plants and no new processing plants utilizing flammable and combustible liquids and/or gases shall be constructed in the city.
(b) 
No additional flammable and liquid or gas storage shall be permitted at any existing bulk storage plant or processing plant, duly licensed, except under such terms and conditions as the city council and the chief of the fire department may direct.
(c) 
Renewals and revocations of licenses provided for in subsections (a) and (b) of this section shall be governed by chapter 148 of the General Laws.
(d) 
After a permit or license has been granted under this section, the construction permission granted shall commence within two (2) years of the granting of such permit, and if at the expiration of two (2) years construction of at least twenty-five (25) percent of proposed new construction granted under this section has not commenced, then the permit shall be automatically revoked without the necessity of any further hearings. This twenty-five (25) percent to be a determination to be made by the building inspector, according to plans filed in his office.
(Rev. Ords. 1976, Pt. 2, Ch. 7, § 33; Ord. of 10-16-95(1))
(a) 
All buildings erected or increased in height by alterations or additions so as to consist of five (5) or more stories or fifty (50) feet or more in height shall be equipped with an automatic sprinkler system and sprinkler alarm satisfactory to the chief of the fire department as defined in General Laws, chapter 148, section 1. The vertical distance is measured from the ground grade to the top of the highest roof beams of a flat roof, or to the mean level of the highest gable or slope of a hip roof. When a building faces on more than one (1) street, the height shall be measured from the average of the grades at the center of each street.
(b) 
The sprinkler system shall be designed in accordance with N.F.P.A. No. 13, Standards for the Installation of Sprinkler Systems.
(c) 
Each tenant floor shall be considered a separate fire area in the design of the sprinkler system, with a shutoff valve for each floor.
(d) 
A one and one-half (11/2) inch hose valve shall be provided at the sprinkler riser exclusively for fire department use.
(e) 
A wet standpipe system must also be installed in a stairwell, in accordance with N.F.P.A. requirements. One and one-half (11/2) inch hose of suitable length to reach all floor areas, with a nozzle, must be attached to the 21/2 inch--11/2 inch gated outlet.
(f) 
An indicator panel with local supervision shall be located at the building entrance, easily accessible to fire fighters, to designate by signal the floor on which the sprinkler system is operating. The indicator panel shall provide for takeover of control of one (1) or more elevators by fire fighters and for running at least one (1) elevator on emergency power.
(g) 
That whenever a sprinkler system is inoperable, a fire watch will be required and paid for by the owner of the premises. The fire watch shall be in place until the sprinkler system becomes operable.
(Ord. of 3-5-79)
(a) 
Restricted stopping places.
Unless the L.E.G. trailer is disabled, a carrier or a driver may stop, park and stand an L.E.G. trailer within the city only to:
(1) 
Load or unload that L.E.G. trailer,
(2) 
Comply with the orders of the fire chief, or his designee,
(3) 
Comply with the orders of a police officer,
(4) 
Comply with an official traffic control device.
(b) 
Enforcement.
This section shall be enforced by the Police Chief.
(c) 
Disabled L.E.G. carriers.
Any disabled carrier, in the City of Everett, shall post a sign in front and rear of said carrier indicating that L.E.G. carrier is disabled.
(d) 
Penalty.
A carrier or a driver who violates this ordinance is liable to a fine in accordance with Section 1-8.
(A0173-12)
(a) 
Liquified propane gas (LPG).
No vehicle with a load limit in excess of 5,000 gallons of LPG shall be allowed in the city, other than on streets listed in the City Clerk’s office.
(b) 
Liquified natural gas (LNG).
No vehicle transporting in excess of 100 gallons of LNG shall be allowed in the city, other than on streets listed in the City Clerk’s office.
(c) 
Enforcement.
(1) 
The Chief of police or his designee shall enforce this section and shall have the authority during any emergency; including but not limited to street repair, traffic congestion, or weather conditions; to temporarily permit the use of streets other than those listed in the City Clerk’s office.
(2) 
The Chief of Police shall report in writing to the mayor and the city council within seven (7) days of any temporary permits granted.
(3) 
During any emergency in which the cargo of a vehicle is, in the judgment of the operator, placed in jeopardy, then the operator of the vehicle may travel on streets not authorized for use.
(4) 
The operator of any vehicle using unauthorized streets, for any reason, shall report to the Police Department and to the terminal, to or from which they were traveling, as soon as possible.
(d) 
Declaration.
The Chief of the Fire Department shall notify in writing to the mayor and the city council that a new cargo is classified into the category of LEG and the City Council shall act to determine if an amendment will be added to this ordinance.
(e) 
Notification.
(1) 
The office of the City Clerk shall to the degree possible, supply a copy of this ordinance to all persons that are involved in the transportation of cargos covered by the provisions of this ordinance.
(2) 
It shall be the responsibility of any person, conducting an operation in the city for the loading or unloading of cargos covered by this ordinance; to provide to its own or other LEG carriers, that load or unload at its facilities with a copy of this ordinance; and also post a copy of this ordinance in a conspicuous place where operators of LEG carriers will take notice.
(Rev. Ords. 1976, Pt. 2, Ch. 7, § 31)
No person shall make a bonfire or any other fire in a public way or in close proximity to any building, except in accordance with a permit from the chief of the fire department.
(Rev. Ords. 1976, Pt. 2, Ch. 7, § 32)
The construction, use, discharge, firing, launching or exploding of rockets, missiles and similar projectiles and devices within the city is hereby prohibited unless a written permit therefor has been obtained from the chief of the fire department. The chief of the fire department is hereby authorized to impose reasonable requirements and limitations in the interest of public safety and welfare upon the issuance of and privileges granted by such permits, including minimum age, experience and education of the permittees, adult supervision and limitations on the place and time of use.
(Rev. Ords. 1976, Pt. 2, Ch. 7, § 33B; Ord. of 9-27-82; Ord. of 10-16-95(2))
(a) 
An auxiliary fire alarm system shall be installed in all future apartment house buildings containing more than six (6) housing units and said system to be connected with city fire alarm system and shall also include an “Alarm Warning” to alert occupants and to include heat or smoke detectors in each apartment and a “pull type” fire alarm box or boxes to be placed in corridors or stairways.
(b) 
The number and location of the protective and alarm devices named in subsection (a) of this section shall be determined in each instance by the fire department. The method of connection to the fire alarm system in each case shall be determined by the inspector of wires. All costs involved under the provisions of this ordinance shall be paid by the owner of the property.
(c) 
That whenever an alarm system is inoperable, a fire watch will be required and paid for by the owner of the premises and shall be in place until it becomes operable.
(Ord. of 11-14-83; Ord. of 7-13-98)
(a) 
Every building or structure not exceeding seventy (70) feet in height above the mean grade erected or substantially altered to be occupied or unoccupied for any purposes or erected or substantially altered and presently unoccupied for a period not to exceed forty-five (45) days for any purpose, shall be protected with an approved automatic fire warning system in accordance with the provisions of the state building code. Such system shall include the features of automatic smoke detection in conjunction with the approved fire detection devices.
(b) 
The fire detection devices shall be placed in or outside the unoccupied building so as to give an audible signal of a noise decibel satisfactory to the fire chief.
(c) 
The chief of the fire department shall enforce the provisions of this section.
(d) 
Whoever is aggrieved by the chief of the fire department’s interpretation, order, requirement, direction or failure to act under the provisions of this section may, within forty-five (45) days after the service of notice thereof, appeal from such interpretation, order, requirement, direction, or failure to act, to the state board of appeals as provided in the state building code.
(e) 
The Fire Chief or his designee is empowered to enforce the following schedule of fees and penalties which shall be assessed to owners of property, to include “absentee landlords” and or persons in possession of property equipped with electronic or battery operated signal systems which detect smoke or fire, who cause or allow such systems to broadcast false alarms due to negligence or failure to maintain such equipment:
(1) 
No fee will be charged for the first two responses to alarm activation, where no smoke or fire condition exists, within a six month period. After the first two offenses the following fees apply:
(2) 
Response to alarm activation, third offense, where no smoke or fire condition exists, a twenty-five dollar ($25.00) fee.
(3) 
Response to alarm activation, fourth offense, where no smoke or fire condition exists, a fifty dollar ($50.00) fee.
(4) 
Response to alarm activation, fifth offense, where no smoke or fire condition exists, a one hundred dollar ($100.00) fee.
(5) 
Response to alarm activation, sixth and subsequent offense, where no smoke or fire condition exists, a two hundred dollar ($200.00) fee.
(f) 
Any person aggrieved by the assessment of a fee pursuant to section (e) above, may, within seven days of notice of said assessment, appeal in writing to the Chief of the Fire Department. The appeal will be heard by the Fire Chief or his designee.
(Rev. Ords. 1976, Pt. 2, Ch. 7, § 16)
No person shall drive any vehicle upon or over any hose, placed in any street by order of any officer of the fire department, without the consent of an officer of the department.
(Rev. Ords. 1976, Pt. 2, Ch. 7, § 35; Ord. of 11-18-91; Ord. of 2-18-92; Ord. of 6-5-95(1); amended as part of October 2021 update; A0173-12)
(a) 
The city council may issue a permit for gasoline filling stations to be a so-called “Self Service” station, provided that any such station shall be required during any day of operation between the hours of 8:00 a.m. to 8:00 p.m., to also provide for full service to customers desiring such services.
(b) 
Gas stations shall not be prohibited from charging different prices for such level of services provided.
(c) 
Consistent with the provisions of MGL c.94, §295CC, gas stations shall post signs, a minimum of eighty (80) square inches in size, at the self service pumps so that vehicles bearing handicapped or disabled veteran’s plates, maybe served at the self service pump by an attendant on duty.
(d) 
The city council may impose further conditions on said permits as they deem necessary for the public safety of the general public using filling stations, including limitation of hours of service and all consistent with state department of public safety rules and regulations.
(e) 
All applicants for permits to operate a self-service station shall require a public hearing by the city council. The City Clerk upon receipt of an application shall set a date for the public hearing. The applicant shall provide proof that all property owners within three hundred (300) feet of applicant’s location have received notice of the public hearing at least seven (7) days prior to the date set for the public hearing.
(f) 
For any violation of this section or other conditions imposed by the city council, there shall be a fine of fifty dollars ($50.00) a day for each day said violation continues by only commencing two (2) days after notice received of said violation.
(g) 
If any provision of this section or the application of such provisions to any persons or circumstances shall be held to be invalid, the remainder of this section or the application of its provisions to persons or circumstances, other than those held to be invalid, shall not be affected thereby, but shall continue in full force and effect.
(Ord. of 4-21-81; Ord. of 08/24/98; amended C0036-18; amended as part of October 2021 update)
The fees for permits issued by the fire department are listed below.
Fire Permit Fees
Permit Type
Fees
26f Smoke Inspection
1 Family
$50.00
2 Families
$100.00
3 – 5 Families
$150.00
6+ Families
$500.00
Ammunition Storage
$50.00
Blasting Permit
$50.00
Christmas Tree Sales
$20.00
Commercial Garage/Gas Station Inspection
$25.00 + Other Necessary Permits and Applicable Fees
Cutting/Welding
$50.00 + Possible Detail Required
False Alarms (3rd or More in a 30-Day Span)
$50.00/Offense
Fire Alarm Inspection/Shutdown/Repair
$50.00 + Possible Detail Required
New Fire Alarm Install (6+ Units)
$50.00
Fire Inspections (General)
$25.00
Flammable Fluid Storage
$50.00
Food Truck Inspections
$50.00
Fuel Storage
$50.00
Gun Powder Storage Permit
$50.00
Health Care Facility (Quarterly)
$200.00 ($50.00 Quarterly)
Kitchen Suppression System Permit/Inspection
$50.00
Lodging Home Inspection (Annual)
$100.00
LP Storage
$50.00
Nursing Home
$200.00 ($50.00 Quarterly)
Oil Burner Inspection
$50.00
Oil Burner Install
$50.00
Plans/Review
6 Units or Less
$50.00
Ground Up High Rise
$200.00
2 Weeks (Expedited)
$500.00
Reissue Permit
$20.00
Sprinkler Inspection/Shutdown/Repair
$50.00 + Possible Detail Required
Tank Truck Inspection + Sticker
$50.00
Tank Truck Permit
$50.00
(Tank) AST Removal/Install
< 275 Gallons
$50.00
≥ 275 Gallons
$100.00
(Tank) UST Removal/Install
< 275 Gallons
$50.00
≥ 275 Gallons
$100.00
Tar Kettle Permit
$20.00
Team Inspection (Fire/Building/Health)
$100.00
[1]
Editor’s note: Ord. of 3-8-93, repealed the provisions of former § 8-16, which pertained to key box requirements, as derived from Ord. of 9-3-91 and Ord. of 10-28-91(1). Said provisions were never codified and contained in this Code.
(Ord. of 06-23-1998)
(a) 
The Chief of the Fire Department shall require such means of fire protection as, in his judgment, is necessary for the protection of the health, safety and welfare of the residents of the City of Everett, including fire details which may consist of permanent members of the fire department. Such details shall be approved by the Chief of the Fire Department and shall include any fire watch or other detail required by state law or the chief of the fire department affecting fire prevention, fire protection or a detail left at the scene of a fire to prevent rekindle and to protect human life or public or private property, and as may be required by the Chief of the Fire Department, ordinance or state law.
(b) 
The personnel assigned and the number thereof shall be determined by the Chief of the Fire Department. Members so assigned by the Chief of the Fire Department shall be under such instructions as the Chief of the Fire Department, city ordinance or state law may require.
(c) 
When members of the fire department are so assigned by the Chief of the Fire Department, they shall be considered to be on official duty under the direct supervision of and responsible to the Chief of the Fire Department.
(d) 
Equipment owned or maintained by the fire department shall only be used with the approval of the head of the fire department, and a reasonable fee shall be charged for the use of such equipment.
(e) 
All persons who desire or are required by the Chief of the Fire Department, by a city ordinance or by state law to employ the services of any equipment and/or members of the fire department shall do so through the Chief of the Fire Department, under such terms and conditions as he may prescribe.
(f) 
The costs of such fire department personnel so assigned shall be the sole responsibility of the owner, occupant, contractor, person or persons so required to have such detail and/or equipment. Under no conditions shall the City of Everett be responsible for any part of such financial transaction.
(g) 
Any person aggrieved by any rule, order, or decision of the Chief of the Fire Department so made under this provision may file an appeal in writing within ten (10) days of the date of such act, rule, order of decision to the state fire marshal in accordance with the provisions of Chapter 148, Section 31 of the Massachusetts General Laws.
(Ord. of 6-23-98)
(a) 
Required during demolition work.
Where any contractor is doing demolition work in the City of Everett, and where said work is taking place within one hundred (100) feet of a dwelling unit or other building that is occupied, and where the safety, health and welfare of the general public is concerned, said contractor shall produce, at his expense, sufficient fire details, as in the opinion of the Chief of the Fire Department may be needed and furnished by the Everett Fire Department and under such terms and conditions he may prescribe.
(b) 
Required during work on gas lines.
Whenever any work is being performed on charged or unpurged gas lines or gas mains in the City of Everett, the Chief of the Fire Department, may, if deemed necessary for the safety, health and welfare of the general public concerned, order a fire detail with or without a charged hose line. It shall be the function of the fire detail to observe that all safety precautions are taken and that all work is done in strict conformance with all laws, rules and regulations of the Everett Fire Department, city ordinances, and state laws.
(c) 
Required during blasting.
Whenever blasting is to be done in the City of Everett, the Chief of the Fire Department may, if deemed necessary for the safety, health and welfare of the general public, order a fire detail with or without a charged hose line. It shall be the function of the fire detail to observe that all safety precautions are taken and that all work is done in strict conformance with all laws, rules and regulations of the Everett Fire Department, city ordinances, and state laws.
(d) 
Required for pyrotechnics.
Whenever pyrotechnics are being displayed, stored, or assembled in the City of Everett, the Chief of the Fire Department may, if deemed necessary for the safety, health and welfare of the general public, order a fire detail with or without a charged hose line. It shall be the function of the fire detail to observe that all safety precautions are taken and that all work is done in strict conformance with all laws, rules and regulations of the Everett Fire Department, city ordinances, and state laws.
(e) 
Other conditions which may warrant details. Whenever conditions, if in the opinion of the Chief of the Fire Department, present themselves to be a hazard from fire, hazardous material, or to the safety, health and welfare of the general public, he may order a fire detail with or without a charged hose line and under such conditions as he may require for the prevention of fire or for fire protection and also as required by state law.
(Ord. of 6-23-98)
(a) 
Any work or repairs involving “hot work”, so-called is prohibited aboard any vessel, ship, or barge while located at any marine terminal in the City of Everett.
(b) 
Any work or repairs involving “hot work”, so-called, on docks, storage tanks, pipes or other equipment whatever, located in, or within the property line of a marine terminal or yard area, including a pipeline for petroleum products or the like (including L.E.G.) extended from a petroleum terminal or which extends into the City of Everett, shall be prohibited unless a permit has been obtained from the Chief of the Fire Department under such terms and conditions as he may require for the prevention of fire or for fire protection and also as required by law.
(c) 
Any company operating a marine terminal or yard within the City of Everett shall inform all bidders for such work that a permit is required and that such work will require a fire watch in accordance with the requirements of the City of Everett Fire Department. Such permits shall be taken out in the name of the contractor, unless such work is being done by employees of the terminal or yard in which case it will be taken out in the name of the marine terminal company.
(d) 
All “hot work” shall stop when, in the opinion of the Chief of the Fire Department, or his authorized representative, it is not safe due to any spill of product or vapors due to transfer of product from ship or vessel or barge or at a landing rack which may be dangerous due to weather, wind conditions, or other reasonable cause. “Hot work” must only be conducted under safe conditions with all necessary safe precautions, if the plant is to continue operations.
(e) 
No Smoking” regulations for marine terminals and yards shall be established and regulated by the Everett Fire Prevention Bureau and/or state law.
(Rev. Ords. 1976, Pt. 2, Ch. 7, § 14; Ord. of 6-28-82(1); Ord. of 04-08-2004)
(a) 
No person shall interfere with any of the signal boxes, wires or other supports of the wires belonging to or in connection with the fire department of the city.
(b) 
Any person found guilty of this section, including the conviction for interfering with a fire alarm box by falsely pulling the alarm therein, shall be fined in accordance with M.G.L. Chapter 268 Section 32.
(c) 
Anyone found in violation of this provision shall be subject to a fine in accordance with Section 1-8 of these Revised Ordinances of the City of Everett.
(Rev. Ords. 1976, Pt. 2, Ch. 7, § 22)
No person shall neglect or refuse to remove any combustible material, when ordered to do so by the chief of the fire department, or obstruct any officer or member of the fire department, in the discharge of his duties, or willfully interfere with any pump or other apparatus used by the members of the fire department in the discharge of their duties.
(A0124-08; A0173-12)
The chief of the fire department and other firefighters shall be appointed by the mayor, subject to confirmation by the city council, in accordance with the provisions of the civil service law of the Commonwealth and the rules of the department of civil service.
(Rev. Ords. 1976, Pt. 2, Ch. 7, § 5)
The chief of the fire department shall have sole and absolute control and command of all members of the department, and of all persons at fires.
(Rev. Ords. 1976, Pt. 2, Ch. 7, § 8)
It shall be the duty of the persons employed in the fire department to keep the apparatus, and the several buildings, and all things entrusted to their care, clean and in order for immediate use. They shall do and perform all things in connection with their duties as fire fighters under the direction of their officers.
(A0197-11)
(a) 
Any permanent full-time firefighter hired on or after January 1, 2012, shall establish his or her residency within the City of Everett within one hundred eighty (180) days of his or her date of hire, and at a minimum, shall remain a resident of the City through their seventh anniversary date of hire, at which time at such employee’s sole discretion, such employee may establish residency either within or outside of the City, provided however, the establishment of such residency is in accordance with Massachusetts General Laws, Chapter 41, Section 99A.
(b) 
Each and every permanent full-time firefighter hired on or after January 1, 2012, on each and every anniversary date of hire, through and including such employee’s seventh anniversary date, shall submit to such employee’s Department Chief and the City’s Personnel Department proof of residency within the City satisfactory to the Department Chief and Personnel Department.
(c) 
Any permanent full-time firefighter employed by the City prior to January 1, 2012, including any such firefighter who is promoted to a higher rank after January 1, 2012, shall be exempt from this residency ordinance.
(d) 
Any permanent full-time firefighter who wishes to laterally transfer into the City of Everett Fire Department and who is employed by a Commonwealth of Massachusetts community which has adopted Massachusetts General Laws, Chapter 31, and any permanent full-time firefighter who has been Reduced In Force by such a community and whose name appears on the Chapter 31 rehire list shall be exempt from this residency ordinance.
(Rev. Ords. 1976, Pt. 2, Ch. 7, §§ 23--27; Ord. of 6-8-92(1); Ord. of 10-26-92(1); A0173-12)
(a) 
Established.
A bureau of fire prevention in the fire department is hereby established, which shall be operated under the supervision and direction of the chief of the fire department.
(b) 
Duties generally.
It shall be the duty of the bureau of fire prevention, under the direction of the chief of the fire department, to enforce all laws of the Commonwealth and ordinances of the city covering the following:
(1) 
The prevention of fires.
(2) 
The storage and use of flammables.
(3) 
The installation and maintenance of automatic fire extinguishing equipment, sprinklers, standpipes and all fire appliances, the maintenance and regulations of fire escapes.
(4) 
The means and adequacy of exits in case of fire, from factories, schools, hotels, lodging houses, asylums, hospitals, churches, halls, theatres, amphitheaters and all other places in which numbers of persons work, live or congregate from time to time for any purpose.
(5) 
The investigation of the cause, origin and circumstance of all fires.
(c) 
Inspection of buildings.
Members of the bureau of fire prevention shall inspect as often as may be necessary all business establishments, factories, stores, garages, theatres, schools, hospitals, apartment houses and cellars of dwelling houses having three (3) stories or more.
(d) 
Ordering removal of dangerous, etc., conditions; procedure upon failure to comply with order. Whenever any member of the bureau of fire prevention shall find in any building or upon any premises or other places, combustible or explosive matter, or dangerous accumulation of rubbish, or unnecessary accumulation of waste paper, boxes, shavings or any highly inflammable materials especially liable to fire, and which is so situated as to endanger property, or shall find obstruction to or on fire escapes, stairs, passageways, doors or windows, liable to interfere with the operation of the fire department, or egress of occupants in case of fire he shall order the owner, tenant or occupant of such place to remove the same at once. If such order is not complied with he may cause the same to be removed at the expense of such owner, tenant or occupant.
(e) 
Aid of city solicitor in certain cases.
The city solicitor upon request of the bureau of fire prevention shall aid in the prosecution of persons who refuse to comply with the orders of the chief of the fire department and bureau of fire prevention, where such refusal constitutes a violation of any provision of these Revised Ordinances or the state law.
(Rev. Ords. 1976, Pt. 2, Ch. 7, § 11)
No fire company shall leave the city in case of a fire in another city or town except by order and in charge of the chief of the fire department.
(Rev. Ords. 1976, Pt. 2, Ch. 7, § 12; A0126-08)
No part of the fire apparatus shall be taken from the city except to a fire, or in case of emergency, without special permission from the Chief of the Fire Department, and in all cases, such apparatus shall be returned to the city as soon as practicable.
(Rev. Ords. 1976, Pt. 2, Ch. 7, § 18; A0173-12)
Every officer and member of the fire department shall sign the following agreement, to be deposited with the chief of the fire department:
“I, ________________, having been appointed a member of the Everett Fire Department, hereby agree to abide by the ordinances of the city, the rules, regulations and orders of the Mayor and City Council, and of the Chief of the Fire Department.”
Any officer or member who shall neglect or refuse to sign the same shall not be entitled to any compensation whatsoever; and unless he shall so sign within ten (10) days from his appointment, he shall be deemed to have declined the same.
(Rev. Ords. 1976, Pt. 2, Ch. 7, § 22A; A0128-08)
The Chief of the Fire Department may appoint clergymen to serve without pay as chaplains of the fire department for a period of one (1) year from date of appointment.
(C0204-15)
(a) 
Markers shall be installed on all fire hydrants within the City of Everett.
(b) 
The installation and maintenance of fire hydrant markers on privately owned hydrants shall be the responsibility of the property owner.
(1) 
All fire hydrants must have fire hydrant markers installed in accordance with this section.
(2) 
Installation of these markers shall be the responsibility of the developer or property owner.
(3) 
Fire hydrant markers must be installed and approved prior to the issuance of a certificate of occupancy.
(c) 
Fire hydrant marker specifications.
Markers shall meet the specifications listed below and be approved by the fire official. The specifications are as follows:
Three-eighths inch (3/8”) pultrusion, four (4) foot long fiberglass shafts, inter locking stainless steel springs, mounts and locks and aluminum fittings.
(d) 
Removal or tampering with fire hydrant markers shall be deemed a violation as it is defined in Section 1-8 of these Revised Ordinances.