M.G.L. c.148A M.G.L. c.148A Alternative Non-Criminal Alternative Non-Criminal

Fire & Building Code Fire & Building Code Violation ProceduresViolation Procedures

A presentation by:A presentation by:

State Fire Marshal Stephen CoanState Fire Marshal Stephen Coan

Dept. of Public Safety Commissioner Dept. of Public Safety Commissioner Thomas GatzunisThomas Gatzunis

Dept. of Fire Services Dept. of Fire Services Steven Rourke, General CounselSteven Rourke, General Counsel

Peter Senopoulos, Deputy General CounselPeter Senopoulos, Deputy General Counsel

Department of Public SafetyDepartment of Public SafetyBeth McLaughlin, General Counsel Beth McLaughlin, General Counsel

100 Deaths100 Deaths200 Injuries200 Injuries

Station Nightclub FireStation Nightclub Fire

February 20, 2003 West Warwick, February 20, 2003 West Warwick, RIRI

Secretary’s Fire & Secretary’s Fire & Building Safety Building Safety Task Force Task Force RecommendationRecommendationss

1.1. Sprinkler systemsSprinkler systems

2.2. Egress Egress

3.3. Pyrotechnics Pyrotechnics

4.4. Interior FinishesInterior Finishes

5.5. Training & Education Training & Education

6.6. New/Enhanced Fines & Criminal New/Enhanced Fines & Criminal PenaltiesPenalties

7.7. Funding & ResourcesFunding & Resources

8.8. New Ticketing/Code New Ticketing/Code Enforcement Enforcement ProceduresProcedures

Task Force’s Major Task Force’s Major RecommendationsRecommendations

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

M.G.L. Chapter 148A: Critical M.G.L. Chapter 148A: Critical Component of Chapter 304Component of Chapter 304

Reasons for New ProceduresReasons for New Procedures

Existing system is time consuming, cumbersome and confusingDiscourage use of the court system by all partiesNew method allows for quick, simple enforcement methodology

1. MA Task Force Report on Fire & Building Safety – Sept. 2003 – in response to Station Nightclub Fire in R.I.

Reasons for New Reasons for New ProceduresProcedures

(continued)(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 New Ticketing/Code Enforcement ProceduresProcedures

(Major Features of Chapter 148A)(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, hearingprocess must be established.

Major Major FeaturesFeatures of c.148A of c.148A1. 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.148AMajor Features of c.148A(continued)(continued)

2. Comprehensive ticketing processUniform throughout the stateStandardized 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.148AMajor Features of c.148A(continued)(continued)

4. Scheduled assessments (fines) • Determined by a joint committee - warning- no fine

1st offense – $100.00 2nd offense - $500.003rd 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 Violations Subject to the New ProceduresProcedures

Fire Code (527 CMR) –Approximately 150 violations contained in violation reference book

Violations Subject to the New Violations Subject to the New Procedures - Building Code Procedures - Building Code

(continued)(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 Violations Subject to the New Procedures - Building Code Procedures - Building Code

(continued)(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 ProcessSetting Up the Process1. 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 booksWritten 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:

1. Pay assessed penalty; or

2. Request a hearing before municipal hearings officer.

Municipal HearingsMunicipal Hearings Informal hearing and formal rules Informal hearing and formal rules of evidence shall not applyof evidence shall not apply

Must be preparedMust be prepared

Must provide basic testimony, Must provide basic testimony, documents, photographs, etc. to documents, photographs, etc. to prove a caseprove a case

Use common senseUse common sense

Appeals to Housing CourtAppeals 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

TicketingTicketing ProcessProcess