[HISTORY: Adopted by the City Council of
the City of Lowell 4-26-1988 as Ch. 5, Art. III and Ch. 8, Art. III of the 1988 Code.
Amendments noted where applicable.]
A.
The fire limits shall be bounded and described as
follows: Beginning at Merrimack River at the northeast end of a continuation
of the middle line of Salem Street; thence southeast along the middle
line of Salem Street to the middle line of Market Street; thence southeast
along the middle line of Market Street to the middle line of Suffolk
Street; thence south and southwest along the middle line of Suffolk
Street; thence to the middle line of Fletcher Street; thence southeast
along the middle line of Fletcher Street to the middle line of Dutton
Street; thence southwest and northwest along the middle line of Dutton
Street; thence to the middle line of Willie Street; thence southeast
along the middle line of Willie Street to the middle line of Carleton
Street; thence southeast along the middle line of Carleton Street
to the middle line of Marshall Street; thence southwest along the
middle line of Marshall Street to the middle line of Gates Street;
thence southeast along the middle line of Gates Street to the middle
line of Westford Street; thence northeasterly and easterly to the
middle line of Westford Street to the middle line of Chelmsford Street;
thence northeasterly along the middle line of Chelmsford Street to
the middle line of Thorndike Street; thence southeast along the middle
line of Thorndike Street to the middle line of Summer Street; thence
northeast and southeast along the middle line of Summer Street to
the middle line of Gorham Street; thence northeast and east along
the middle line of Charles Street to the Concord River; thence northeast
along the Concord River to the middle line of Stone Bridge and Andover
Street to the middle line of Fayette Street; thence north and northeast
along the middle line of Fayette Street to the Merrimack River; thence
northwest along the Merrimack River to the point at the beginning.
B.
The fire limit line is to extend 100 feet in every
direction beyond the above-mentioned district. No wooden building
shall be constructed within such limits, except as hereinafter provided,
established by this section.
[Amended 12-23-2008]
There is hereby adopted by the City, for the
purpose of prescribing regulations governing conditions hazardous
to life and property from fire or explosion, that certain code known
as the "Fire Prevention Code" recommended by the American Insurance
Association, being particularly the 1982 edition and the whole thereof,
as amended, save and except such portions as are deleted, modified
or amended by this chapter, of which code not fewer than three copies
are filed in the office of the Clerk of the City, and the same is
hereby adopted and incorporated as fully as if set out at length herein.
[Amended 8-23-1988; 12-23-2008]
The following additions, deletions and amendments
are made in the Fire Prevention Code adopted in this chapter:
A.
Section 1.2c, Application of Code, is added to read
as follows: "MGL c. 148, as amended, shall take precedence over this
Fire Prevention Code whenever any conflict arises which has the effect
of reducing the requirements established under state law."
B.
Section 1.2d, Massachusetts Electrical Code, is added
to read as follows: "All electrical work required by this Fire Prevention
Code shall be installed in accordance with the applicable standards
specified in the Massachusetts Electrical Code, as amended. All references
to NFPA No. 70, National Electrical Code, 1962 edition, in this Fire
Prevention Code shall be deleted."
C.
Section 1.9g, Permits, is added to read as follows:
"Before a permit is issued by the Inspectional Services Department
under the provisions of the Building Code, as accepted, for the construction
of new buildings, alterations and additions to existing buildings,
all plans, blueprints and specifications of these buildings shall
be submitted to the Bureau of Fire Prevention to ensure that all necessary
fire prevention and fire protection measures as the Chief of the Fire
Department shall require in all such buildings are provided for, except
in a one- or a two-story dwelling."
D.
Sections 5.1 to 5.9, Storage, Use, Handling and Transportation,
are deleted entirely.
E.
Section 5.10, Safety Film Only, is amended by the
following substitution and addition to read as follows: "The use,
storage, handling and transportation of cellulose nitrate motion-picture
film is prohibited anywhere within the City limits. Only motion-picture
film marked 'Safety Film' shall be used, stored, handled or transported
within the City limits."
F.
Section 12.4a is amended by adding a new subsection
as follows:
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The following conditions shall be met before
a blasting permit shall be issued by the Bureau of Fire Prevention:
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1.
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A copy of a bond as required under the provisions
of MGL c. 148, §§ 20 and 20A must be produced by the
contractor when applying for a blasting permit at the Bureau of Fire
Prevention, said bond to be on file in the State Treasurer's office
in the sum of $20,000 and dated the same year as the blasting permit
is applied for.
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2.
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Competent operator must produce his certificate
of competency and his number noted on the blasting permit.
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3.
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Blasting permits will be issued for only one
location at a time, and a new permit must be applied for when moving
to a new location for blasting operations.
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4.
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Each blasting permit shall be issued for a maximum
period of only one week for each location, at the end of which time
the blasting permit must be renewed.
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5.
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Before a blasting permit will be issued to any
competent operator, the site where such blasting will take place must
be surveyed by a member of the Bureau of Fire Prevention or a chief
officer of the Fire Department to make sure that all conditions in
Section 12.8 are being complied with.
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6.
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In certain congested districts the City Engineer
will be consulted as to underground services to buildings, such as
gas mains, water mains, sewers, electric cable, etc.
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7.
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Each blasting permit is subject to revocation
by the Chief of the Fire Department or head of the Bureau of Fire
Prevention whenever he deems it necessary for the safety of persons
and property.
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8.
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No blasting permits shall be issued for areas
where flammable and combustible fluids are stored underground.
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G.
Section 16.23, Installation of Underground Tanks,
is amended by adding a new subsection as follows:
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Section 16.23h
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1.
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Every tank shall be supported by a foundation
capable of supporting the tank.
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2.
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The minimum distance from any part of a tank
storing Class 1 liquids to any property line, which shall include
streets, sidewalks or public ways, shall be not less than 10 feet.
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3.
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Each tank and the fittings connected thereto
should be liquidtight and vaportight.
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4.
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All tanks and piping shall be tested for tightness
as required in the provisions of Section 16.27c. This test shall be
witnessed by a member of the Bureau of Fire Prevention, who shall
make a record of the capacity, gauge thickness, Underwriters' Laboratories
serial number and any other pertinent information relating to such
tank.
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5.
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The tank exterior shall be covered with a rust-resistant
material to prevent corrosion.
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6.
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All pipes connected to such tank shall be as
required in the provisions of Section 16.23f and g.
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7.
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All pipe joints and connections shall be of
the swing type or other approved type so that in case of undermining
or settling of the tank the piping will not be damaged or broken.
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8.
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Each tank shall have a filler pipe, a draught
pipe and vent pipe. Gauge pipes terminating inside a building shall
be as required in Section 16.23g(2).
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9.
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Filler pipes shall be not less than 1 1/4
inches in diameter and should extend to within three inches from the
bottom of the tank. The receiving end of the filler pipe shall be
located outside the building and provided with a screw plug or cap
and less than five feet away from any building opening. Such connection
shall be liquidtight when not in use. When run to a sidewalk, alley
or public way, the pipe shall terminate in a box with a metal cover
set flush with surface of such sidewalk, alley or public way. This
cover will be kept wrenchtight when not in use.
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10.
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Vent pipes shall be as required in Section 16.23c,
16.23d and 16.23e.
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11.
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When more than one tank is used, spacing between
tanks shall be not less than five feet.
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12.
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Two copies of a plot plan showing tank locations,
capacities, spacings, property lines, buildings, etc., shall be filed
with the Bureau of Fire Prevention along with the application for
a license or permit for said storage.
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13.
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A license shall be required for the storage
of flammable fluids as defined in MGL c. 148.
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14.
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The capacity of such tanks shall not exceed
that for which the license or permit was issued.
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15.
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All underground tanks containing a flammable
fluid or vapor shall be removed from the ground when their use has
terminated. A permit for the removal and transportation of such tanks
must be obtained at the Bureau of Fire Prevention. Tanks must be properly
capped and inspected by a member of the Bureau of Fire Prevention
before being transported.
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16.
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Maximum storage limits for each location shall
be at the discretion of the Chief of the Fire Department.
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H.
Section 21.8, Containers Inside Buildings, is amended
by adding a new subsection to read as follows: "Section 21.8b. Portable
units for cooking or heating purposes using liquefied petroleum gas
as a fuel shall be prohibited in miscellaneous halls, places of assembly,
public buildings, public halls, special halls, theaters, hotels, motels
or restaurants. The use of liquefied petroleum gas systems in any
form is prohibited in the Lowell Memorial Auditorium and the Cawley
Stadium."
I.
Section 28.15, Grease Duct Systems and Ventilation
of Restaurant Cooking Equipment, is added to read as follows:
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Section 28.15a. Inspection of Systems. Ventilating
systems, including ducts, hoods, fans, grease filters and other parts
of such systems, shall be inspected periodically and cleaned as often
as may be necessary to remove deposits of residue and grease and in
any case at least twice a year in restaurants, kitchens, bakeries
and other similar occupancies where greasy and oily substances accumulate
in ventilating equipment.
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Section 28.15b. Fire Protection. Extensive exhaust
duct systems as described in Section 28.15a shall be provided with
an automatic Class B fire-extinguishing system; small installations
using deep fryer, fry kettle or other kitchen equipment where grease
may accumulate shall be provided with a fire extinguisher suitable
for use on Class B fires or as directed by the head of the Bureau
of Fire Prevention.
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J.
Section 28.16, Laundromats, Coin-Operated, is added
to read as follows: "All new and existing laundromats of the coin-operated
type shall be required to maintain good housekeeping at all times,
and all equipment such as washers, dryers and exhaust and duct systems
shall be thoroughly cleaned of lint and other combustible materials
at least once a week. Open areas above washers and dryers must be
protected against the possibility of combustible materials being discarded
in these areas."
K.
Section 29.1, Permits Required, is amended by adding
a new subsection to read as follows: "Section 29.1a. Before a permit
may be issued under the provisions of Section 29.1, a plot plan must
be submitted to the Bureau of Fire Prevention showing the location
where the tent is to be erected, location of nearest buildings, highways
and access roads and location of nearest municipal fire hydrant, also
the area in square feet the tent or tents will cover and the seating
capacity of such tent or tents."
L.
Section 29.2 is amended by striking out the word "persons"
in the first line and inserting in its place the word "firefighter"
and by adding a new paragraph to read as follows: "The Chief of the
Fire Department shall designate the number of portable fire extinguishers
and hose lines for complete fire protection for such tent or tents
to be manned by one or more fire fighters who will be designated by
the Chief of the Fire Department for the protection of persons and
property."
M.
Section 29.3a is amended by adding a new subsection
to read as follows: "Each tent or tents shall have sufficient number
of exits designated by the posting of the proper exit signs, and a
secondary means of illumination must be provided if tents are to be
used after dark, in case of a power failure."
N.
Appendix B is amended to read as follows:
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1.
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Methods.
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a.
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Underground tanks taken out of service shall
be safeguarded or disposed of by the following means:
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(1)
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Placed in a temporary out-of-service condition.
Tanks shall be rendered temporarily out of service only when it is
planned that they will be returned to active service at the location
or pending removal within 90 days.
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(2)
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(Delete)
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(3)
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Tanks removed.
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2.
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Records.
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a.
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In cases where tanks are rendered temporarily
out of service, records shall be kept of the date, tank size, location
and method used for placing the tanks in a safe condition. With any
of the methods described in Section 1, no cutting torch or other flame-
or spark-producing equipment shall be used until the tank has been
completely purged or otherwise rendered safe. In each case the steps
given shall be carried out successively.
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4.
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Tanks Abandoned in Place (delete entire section)
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Whenever the words "Chief of the Bureau of Fire
Prevention" are used in the Fire Prevention Code adopted in this chapter
they shall be held to mean the head of the Bureau of Fire Prevention.
The Chief of the Fire Department shall appoint the head of the Bureau
of Fire Prevention.
The administration and enforcement of this chapter
shall be the duty of the Bureau of Fire Prevention acting under the
direct supervision of and with delegation of authority from the Chief
of the Fire Department, who is hereby authorized to take such action
as may be reasonably necessary to enforce the provisions and purposes
of the Fire Prevention Code adopted in this chapter.
The Bureau of Fire Prevention shall, after proper
identification, have the right to enter any premises for the purpose
of inspecting any building or structures at a reasonable hour and
at such times as may be reasonably necessary to protect property and
the public safety.
The provisions of the Fire Prevention Code adopted
in this chapter shall govern the conditions hazardous to life and
property from fire or explosion as defined in such code. They shall
apply to existing conditions as herein provided.
The Chief of the Fire Department is hereby authorized
to draw up such rules and regulations as may be deemed necessary to
protect the public, which rules and regulations shall become effective
upon adoption by the City Council.
The Bureau of Fire Prevention shall keep a complete
record of all permits issued, examinations made or other official
work performed as required by the Fire Prevention Code adopted in
this chapter, and these records shall be open to inspection at all
reasonable times and shall be kept in such a manner to give prompt
information to any interested parties.
The limits referred to in Section 12.5b of the
Fire Prevention Code adopted in this chapter, in which storage of
explosives and blasting agents is prohibited, are as established by
the Chief of the Fire Department. All applications for permits or
licenses for the storage of explosives and blasting agents shall be
approved by the Chief of the Fire Department and the head of the Bureau
of Fire Prevention.
A.
The limits referred to in Section 16.22a of the Fire
Prevention Code adopted in this chapter, in which new bulk plants
for flammable or combustible liquids are prohibited, are as established
by the Chief of the Fire Department. All applications for permits
or licenses for the storage of flammable or combustible liquids in
outside aboveground tanks shall be approved by the Chief of the Fire
Department and the head of the Bureau of Fire Prevention.
B.
The limits referred to in Section 16.51 of the Fire
Prevention Code adopted in this chapter, in which new bulk plants
for flammable or combustible liquids are prohibited, are as established
by the Chief of the Fire Department. All applications for permits
or licenses for bulk plants for the storage of flammable or combustible
liquids shall be approved by the Chief of the Fire Department and
the head of the Bureau of Fire Prevention.
The limits referred to in Section 21.6a of the
Fire Prevention Code adopted in this chapter, in which bulk storage
of liquefied petroleum gas is restricted, are as established by the
Chief of the Fire Department. All applications for permits or licenses
for bulk storage of liquefied petroleum gas shall be approved by the
Chief of the Fire Department and the head of the Bureau of Fire Prevention.
The dispensing of gasoline by means of self-service
dispensing systems shall be authorized with the City, provided that,
as a condition precedent thereto, the City Council has issued a license
therefor upon the following conditions:
A.
A hearing on the application for such license is held
similar to the hearing procedure outlined in MGL c. 148, § 13.
B.
The application for such license shall have attached
thereto a site plan showing full details of the self-service station
and area relating to the sale of other products, as well as traffic
flow. Applications require prior approval of the Fire Chief, Traffic
Engineer and Building Inspector and site plan approval by the Planning
Board.
[Amended 5-25-1993]
C.
A permit for such has been issued, and is still in
force, from the Bureau of Fire Prevention upon the conditions set
forth in this section.
D.
Self-service stations shall meet the requirements
of Form FPR-4, Section 43, Rules and Regulations of the Board of Fire
Prevention Regulations of the Commonwealth of Massachusetts, and all
other applicable regulations of FPR-4, as amended.
E.
Such stations are in compliance with MGL c. 148
and the Code of Massachusetts Regulations applicable thereto.
[Amended 5-25-1993]
F.
Such stations are in compliance with this Code.
G.
Such stations are fully, not partially, operated as
self-service stations.
H.
Each pump shall have an approved impact valve at its
base designed to close automatically in case of fire or impact.
I.
The dispensing nozzle shall be an approved automatic-closing
type without a hold-open latch.
J.
Gasoline shall be dispensed only into tanks of vehicles
or into containers approved by the Fire Marshal.
[Amended 5-25-1993]
K.
In addition to required "No Smoking" signs, signs
with the words "Turn Off Engine" in white block letters not less than
two inches high on a red background shall be conspicuously posted
visible to all approaching vehicles.
L.
Instructions for operation of dispenser are posted
conspicuously at each pump island.
M.
Repairing or painting or storing of vehicles is prohibited.
N.
An automatic extinguishing system approved by the
head of the Fire Department suitable for Class B fires is provided
at each island with remote manual triggering mechanism at or near
the operator's console.
O.
The operator of the controlling mechanism is a competent,
mature person capable of and properly trained to perform the following
functions required under emergency conditions:
P.
Coin-operated dispensing systems are prohibited; approved
card-dispensing systems are allowed, provided that pump activation
is controlled by the station operator.
[Amended 5-25-1993]
Q.
Operations shall be so conducted as not to be a nuisance
to the neighborhood.
R.
The traffic flow through the pumping area is in just
one approved direction.
S.
Such stations may sell other products, provided that
such stations have at least two persons working during all hours of
operation, and one of such persons shall exclusively operate the gasoline
controlling mechanism.
[Amended 5-25-1993]
T.
Such stations shall have available assistance for
elderly and handicapped persons unable to operate the self-service
automatic dispensing systems.
U.
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 this ordinance,[1] unless that vehicle is conveyed to and from the retailer's
premises by a registered motor vehicle, as defined under Massachusetts
General Laws Chapter 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, unless such
vehicle is conveyed to and from the retailer's premises by a registered
motor vehicle.
[Added 7-12-2022]
[1]
Editor's Note: "This ordinance" refers to the ordinance adopted 7-12-2022 that provided
for the addition of this subsection.
V.
Signs
with the words "The fueling of unauthorized vehicles is prohibited
unless transported by a registered motor vehicle" at least one inch
in height with a contrasting margin shall be posted at all dispensing
locations. Translations in Spanish and Khmer shall be provided by
the City. 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 Lowell.
[Added 7-12-2022]
W.
Any owner of any retail dealer of gasoline who violates any provision of Subsection U or V 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 U or V 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 U above.
[Added 7-12-2022]
[Added 7-9-1996]
A.
HAZARDOUS WASTE
INCIDENT
INDIVIDUAL
WASTE
(1)
(2)
(a)
(b)
(c)
[1]
[2]
[3]
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A waste, or combination of wastes, which because of its quantity,
concentration, or physical, chemical or infectious characteristics
may cause or significantly contribute to an increase in serious irreversible
or incapacitating reversible illness or pose a substantial present
or potential hazard to human health, safety, or welfare or to the
environment when improperly treated, stored, transported, used or
disposed of, or otherwise managed; however, not to include solid or
dissolved materials in irrigation return flows or industrial discharges
which are point sources subject to permits under Section 402 of the
Federal Water Pollution Control Act of 1967, as amended, or source,
special nuclear, or by-product material as defined by the Atomic Energy
Act of 1954.
A single transportation of hazardous waste from one location
to another location.
Any agency or political subdivision of the federal government
or commonwealth; any state, public or private corporation or authority,
individual, trust, firm, joint-stock company, partnership, association,
or other entity and any officer, employee or agent of said person;
and any group of said persons.
Any discarded material not exempted pursuant to 310 CMR 30.104.
A waste may be a solid, liquid, semisolid, or contained gaseous material,
or any refuse or sludge, and may result from industrial, commercial,
mining, or agricultural operations, or from municipal or other governmental
activities, or from the activities of other persons.
DISCARDED MATERIALAny material that is:
Material that is hazardous waste numbered F020,
F021 (except when used as an ingredient to make a product at the site
of generation), F022, F023, F026 or F028;
Materials designated as such by the Administrator
of the Environmental Protection Agency (EPA) pursuant to 40 CFR 261.2(d);
or
Materials designated as such by the Department
of Environmental Protection using the following criteria:[1]
The materials are ordinarily disposed of, burned,
or incinerated;
The materials contain one or more constituents
listed in 310 CMR 30.160 that are not ordinarily in raw materials
or commercial products or are not necessary to the recycling of the
material; or
The material may pose a significant potential
hazard to the public health, safety or welfare, or the environment,
if it is not managed pursuant to 310 CMR 30.300 through 30.900.
B.
Prior to transporting hazardous waste which either
originates or terminates in the City of Lowell, an individual shall
notify the City of Lowell Fire Department, Fire Prevention Bureau,
of his intention to engage in such transportation activity at least
48 hours prior to the commencement of the transportation activity
or at the time the individual contracts to provide such transportation
services, whichever occurs later in time.
C.
Notification shall be on a written form provided by
the City of Lowell Fire Department, Fire Prevention Bureau, and shall
include the following:
(1)
The name and EPA identification number of the transporter
of the hazardous waste;
(2)
The names and EPA identification numbers of the legal
owner(s) and generator(s) of the hazardous waste;
(3)
A detailed description of the nature and properties
of the hazardous waste;
(4)
The quantity of the hazardous waste that is to be
transported;
(5)
A detailed description of the means by which the hazardous
waste is to be transported;
(6)
A detailed description of the route along which the
hazardous waste will be transported within or through the City of
Lowell;
(7)
The address and legal owner(s) of the site to which
the hazardous waste is to be transported; and
(8)
A detailed description of the manner in which the
hazardous waste is to be deposited, stored and/or disposed of on the
site to which it is being transported.
D.
Upon receipt from an individual of the above-detailed
notification, the City of Lowell Fire Department, Fire Prevention
Bureau, shall review said notification and, if it determines the individual
is in full compliance with all applicable Massachusetts and federal
statutes and regulations, issue to the individual a permit to transport
hazardous waste within or through the City of Lowell.
E.
Any individual who transports hazardous waste within
or through any portion of the City of Lowell without having first
applied for and obtained a permit from the City of Lowell Fire Department,
Fire Prevention Bureau, shall be subject to a fine of $300 per day/per
incident.
F.
The provisions of this section shall not apply to
the individuals who receive a request from the City of Lowell Fire
Department to transport hazardous waste within or through any portion
of the City of Lowell.
G.
The provisions of this section shall not apply to
individuals whose transportation of hazardous waste does not originate
or terminate within the City of Lowell.
[Added 9-13-2005]
Whoever shall cause damage or destruction to
a fire hydrant in the City of Lowell shall be responsible for all
damages and costs related to the repair and/or replacement thereof,
including but not limited to:
[Added 11-24-2009]
A.
No person or entity shall install a master box fire alarm directly
connected to the City of Lowell's Emergency Dispatch Center in this
City unless such master box fire alarm is duly licensed therefor by
the Fire Department.
B.
Any person or entity who has master box fire alarm which is already
connected to the Lowell Dispatch Center shall be required to obtain
a license for such master box fire alarm by January 1, 2011.
C.
All licenses granted under this chapter shall designate the address
and specific location of the master box fire alarm which is the subject
of the license, and each and every master box fire alarm shall require
a separate license and fee.
D.
All licenses granted under this chapter shall be good for one year
and shall be renewed prior to their expiration.
E.
The fee for a new license or a license renewal shall be the same amount, and such fee under this chapter shall be as described in Chapter 150, Fees.
F.
A license granted under this chapter may be revoked at any time.
[Added 6-24-2014]
A.
Definition. For the purposes of this section, "fireworks" shall include
compositions, substances or other articles and shall also include
blank cartridges or toy cannons in which explosives are used, firecrackers,
cherry bombs, silver salutes, M-80s, torpedoes, sky-rockets, roman
candles, rockets, wheels, colored fires, fountains, mines, serpents
or other fireworks of like construction or items otherwise defined
by MGL c. 148, § 39.
B.
No person shall sell, possess or use fireworks within the City, except
that persons having a permit issued under the authority of MGL c.
148, § 10A, may purchase fireworks and display them in accordance
with the provisions of Chapter 148 of the General Laws and in compliance
with the rules and regulations of the Department of Public Safety.
C.
Any person who violates the provisions of this section shall be punished
by a fine of $500 for each violation.
