The purpose of this bylaw is to ensure that all reports related to fire protection and life safety systems are submitted and documented by the property owner or their designee in a timely manner, and so that the Fire Department can effectively track such inspection and maintenance reports, currently through the LIV Safety Inspection portal. This bylaw is intended to improve public safety, maintain compliance with state and local regulations, and ensure timely correction of deficiencies.
[HISTORY: Adopted by the Special Town Meeting of the Town of Belchertown 10-27-2025 STM by Art. 7. Amendments noted where applicable.]
A.
This bylaw is enacted pursuant to the Home Rule Amendment, Mass. Const. amend. Art 2, § 6, MGL c. 40, § 21, and 527 CMR 1.3.3, the Massachusetts Comprehensive Fire Safety Code.
B.
This bylaw is not intended to interfere with, abrogate, or annul any other bylaw, rule, regulation, statute, or applicable other provision of law or regulation. If the requirements of this bylaw conflict with any other applicable law or regulation, the provisions which establish the higher standard for the promotion and protection of public safety and welfare shall prevail.
No person shall undertake the construction, renovation, or enlargement of any structure, install any fire safety equipment, or use any fire safety equipment requiring a permit from the Town of Belchertown Fire Department pursuant to MGL c. 148, § 10A, 527 CMR 1.00, or any other applicable law or regulation under the jurisdiction of the Fire Department, without complying with the reporting requirements of this bylaw, including but not limited to:
A.
All inspection, maintenance, and testing reports subject to this bylaw shall be submitted electronically through the LIVSafe Inspection portal, or any other reporting procedure that may be adopted in the future, within seven business days of completion of the work, or any such shorter time required by a permit or regulation.
B.
The Fire Chief or their designee shall provide a link to the inspection portal on the Fire Department's page on the Town's website.
C.
Reports shall be submitted by the licensed contractor, vendor, inspection company, or individual performing the service.
E.
No reports will be accepted as complete unless all applicable fields in the portal are filled out.
F.
Notwithstanding the foregoing, property owners and/or building occupants, as applicable, shall be responsible for ensuring that their contractors or agents comply with the requirements of this bylaw, and owners/occupants and contractors/agents shall be jointly and severally responsible for any violations.
A.
This bylaw may be enforced by the Belchertown Fire Chief or any member of the Belchertown Fire Department.
B.
No person who has failed to submit a report as required herein shall receive any permit or approval from the Fire Department until the appropriate report is submitted.
C.
Whoever violates any provision of this bylaw may be penalized by a noncriminal disposition process as provided in MGL c. 40, § 21D and the Town's noncriminal disposition bylaw.[1] If noncriminal disposition is elected, then the noncriminal fine for each such violation, if not otherwise specified, shall be:
D.
Each day of noncompliance shall constitute a separate offense.
E.
The Fire Chief or their designee may enforce this bylaw or enjoin violations thereof through any lawful process, and the election of one remedy shall not preclude enforcement through any other lawful means.
If any section, paragraph, or provision of this bylaw shall be declared invalid for any reason, the remainder shall not be affected and shall remain in full force and effect.