1. M.G.L. c.148A Alternative Non-Criminal Fire & Building Code Violation Procedures

2. A presentation by: State Fire Marshal Stephen Coan
Dept. of Public Safety Commissioner
Thomas Gatzunis
Dept. of Fire Services
Steven Rourke, General Counsel
Peter Senopoulos, Deputy General Counsel
Department of Public Safety
Beth McLaughlin, General Counsel

3. Station Nightclub Fire
February 20, West Warwick, RI
Secretary’s Fire & Building Safety Task Force Recommendations
100 Deaths 200 Injuries

4. Task Force’s Major Recommendations
Sprinkler systems
Egress
Pyrotechnics
Interior Finishes
Training & Education
New/Enhanced Fines & Criminal Penalties
Funding & Resources
New Ticketing/Code Enforcement Procedures

5. M.G.L. Chapter 148A: Critical Component of Chapter 304
1. Gov. Romney signs Chapter 304,
“An Act Relative to Fire Safety in the Commonwealth,” on Aug. 17, 2004
2. Effective Nov. 15, 2004
3. M.G.L. Chapter 148A ticketing
provisions effective March 1, 2005

6. Reasons for New Procedures
1. MA Task Force Report on Fire & Building Safety – Sept – in response to Station Nightclub Fire in R.I.
Existing system is time consuming, cumbersome and confusing
Discourage use of the court system by all parties
New method allows for quick, simple enforcement methodology

7. Reasons for New Procedures (continued)
2. Builds a “paper trail” of violations allowing enforcement personnel to concentrate efforts
3. Link violations with licenses, permits or certificates relating to the building or structure
4. Allows for a retained revenue source to target local training and enforcement efforts

8. New Ticketing/Code Enforcement Procedures (Major Features of Chapter 148A)
New non-criminal procedures for local and state fire and building code enforcement officers.
Applies only to violations of State Fire Code (527 CMR) and State Building Code (780 CMR)
Municipalities are not required to utilize c. 148A procedures.
If municipalities participate, hearing
process must be established.

9. Major Features of c.148A
1. Enforced by a “local code enforcement officer”, defined as:
Head of fire department or designee empowered to enforce fire code
Local building inspector empowered to enforce the building code under c.143, s.3A
* Separate track for
state enforcement efforts

10. Major Features of c.148A (continued)
2. Comprehensive ticketing process
Uniform throughout the state
Standardized forms approved by joint committee
3. Hearings conducted by a “municipal hearing officer”
Person appointed by the appointing authority of the municipality to conduct hearings

11. Major Features of c.148A (continued)
4. Scheduled assessments (fines)
Determined by a joint committee - warning- no fine
1st offense – $100.00
2nd offense - $500.00
3rd or subsequent- $
5. Fees collected are paid to municipalities and earmarked for enforcement, training & education of fire prevention officers and building inspectors
6. Appeals of municipal hearing officers decisions are to appropriate housing court or district court (if applicable)

12. Violations Subject to the New Procedures
Fire Code (527 CMR) –Approximately 150 violations contained in violation reference book

13. Violations Subject to the New Procedures - Building Code (continued)
DPS has limited the violations to those contemplated by Chapter 304 of the Acts of 2004 and which have the potential to represent an immediate public safety threat
Plus 1 additional violation for interior finish requirements.

14. Violations Subject to the New Procedures - Building Code (continued)
Blocked or Obstructed Exits
Exceeding Occupant Load
Nonfunctioning Fire Suppression System
Nonfunctioning Emergency Lighting and/or Signage
Nonfunctioning Occupant Notification Devices
Nonfunctioning Fire Detection Devices
Non Conforming Interior Finishes

18. Setting Up the Process 1. Designate a municipal hearing officer
2. Set up local notices/hearing procedures
Case & fine tracking system
Notices
Hearing Procedures
Notice of decision/rights of appeal
3. Acquiring the ticket books
Written certification by town or city manager or chairperson of Board of Selectmen that process has been established and hearing officer appointed.

19. Code Violations – Content of “Ticket” MGL c 148A
Name and Address of Offender
Specific Offense Charged
Warning or Violation, Continuing Condition checked on ticket
Time and Place of Violation
Signed by Building or Fire Official
Signed by Offender
Copy given to offender at time of issuance or delivered or mailed to offender within 15 days of violation

20. Content of “Ticket” (continued)
If violation is for “continuing condition”, building or fire official must issue order to make corrections within 24 hours.
Failure to correct within 24 hours – offender subject to criminal prosecution.

21. Service of Violation Notice
Deliver, if possible, to offender a copy of notice at time and place of violation or;
If not possible, copy shall be mailed or delivered to offender’s last known address, within 15 days of violation (or discovery thereof).
Certificate of service of proper mailing is “prima facie” evidence of proper service

22. Offender's responsibility
Within 21 days either:
Pay assessed penalty; or
2. Request a hearing before municipal hearings officer.

23. Municipal Hearings
Informal hearing and formal rules of evidence shall not apply
Must be prepared
Must provide basic testimony, documents, photographs, etc. to prove a case
Use common sense

24. Appeals to Housing Court
Held before the Clerk Magistrate of the Court
De Novo (new) hearing. Not a review of prior hearing before the Municipal hearing officer
Be prepared!
Present all evidence

25. Ticketing
Process