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

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

Station Nightclub Fire February 20, 2003 West Warwick, RI Secretary’s Fire & Building Safety Task Force Recommendations 100 Deaths 200 Injuries

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

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

Reasons for New Procedures 1. MA Task Force Report on Fire & Building Safety – Sept. 2003 – 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

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

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.

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

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

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- $1000.00 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)

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

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.

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

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.

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

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.

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

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

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

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

Ticketing Process