CHAPTER 8.
FIRE PROTECTION.

As to prohibition against open burning, see § 3-4 of this Revision. As to building regulations generally, see ch. 4. As to indemnification of firemen for medical expenses, see § 18-12.

Article I. In General.

§ 8-1. Inspection and approval required for storage, sale, etc., of flammable materials and explosives.

§ 8-2. Buildings protected by automatic sprinklers to be connected to fire department by fire alarm box or similar device.

§ 8-3. Establishment and maintenance of fire lines.

§ 8-3.1. Establishment and maintenance of fire lanes on private property.

§ 8-3.2. Penalty for violation of section 8-3.1.

§ 8-4. Examination of buildings; penalty for refusal to comply with order of chief.

§ 8-5. Location, discontinuance, etc., of hydrants.

§ 8-6. Obedience to chief at fires.

§ 8-6.1. Enforcement of article.

§ 8-6.2. Noncriminal disposition.

Article II. Bureau of Fire Prevention.

§ 8-7. Established; supervision; appointment of inspectors.

§ 8-8. Powers and duties generally.

§ 8-9. Duties of fire chief.

§ 8-10. Annual report.

Article III. Fire Department.

§ 8-11. Composition.

§ 8-12. Chief to be responsible for discipline of department; deputy to assume power in absence of chief.

§ 8-13. Suspension of members.

§ 8-14. Compensation for time lost.

§ 8-15. Members to be exempt from jury duty.

§ 8-16. Compensation for injury, etc., of call members incurred while in discharge of duties.

§ 8-17. Hours of work.

§ 8-18. Uniform allowance.

§ 8-19. Fees for ambulance service.

§ 8-20. Fire apparatus not to leave city.

§ 8-21. Fees for inspections and permits.

ARTICLE I.
IN GENERAL.

Sec. 8-1. Inspection and approval required for storage, sale, etc., of flammable materials and explosives.

Before licenses may be issued for the keeping, storage, use, manufacture, sale, handling, transportation or other disposition of highly flammable materials and rubbish, crude petroleum or any of its products, gun or blasting powder, dynamite or explosives of any kind including fireworks, fire crackers and signaling explosives, the chief of the fire department or the chief inspector or his assistants shall inspect and approve the receptacles, vehicles, buildings or storage places to be used for any such purposes.

Sec. 8-2. Buildings protected by automatic sprinklers to be connected to fire department by fire alarm box or similar device.

Any building or part thereof in which automatic sprinklers are installed as required by this chapter or any regulation of the state department of public safety shall be directly connected to the city fire department by a master fire alarm box or by leased line supervised by a responsible protective firm.

Sec. 8-3. Establishment and maintenance of fire lines.

The chief of the fire department shall have the right to establish a barrier line or limit of approach to be called a fire line at any place in the city at which a fire is or has been in progress, and in maintaining such fire lines he shall have the authority to require the services of such members of the police department as he deems necessary.

(R. O. 1960, ch. 8, § 6.)

Sec. 8-3.1. Establishment and maintenance of fire lanes on private property.

In accordance with section 18, chapter 90 of the General Laws of Massachusetts, requiring the consent of the owner of private property, ways or alleys before a fire lane is established, no person shall stop, stand or park a vehicle upon any private roadway or in a fire lane located upon such private way, property or alley open to public use for the purpose of furnishing means of access for fire apparatus or other emergency equipment in such a manner as to leave available not less than twenty feet for clear and unobstructed passage of vehicular traffic, and the chief of the fire department shall have the authority to make special regulations with respect to the maintenance and location of such fire lanes on said private property, ways or alleys.

It shall be the responsibility of the owner of the land so designated as a "fire lane" to provide within the time stated below, legible signs conspicuously posted, as approved by the fire department. The posting of signs is to be completed within six months after the passage of the ordinance codified in this section.

Sec. 8-3.2. Penalty for violation of section 8-3.1.

Whoever violates the provisions of section 8-3.1 by wilfully obstructing or retarding fire apparatus or other emergency vehicles and equipment, as defined in said section, shall be punished by a fine of twenty-five dollars.

(5-11-87, 9-24-90.)

Sec. 8-4. Examination of buildings; penalty for refusal to comply with order of chief.

The chief shall examine or cause to be examined all buildings and other places where ashes, shavings or any explosives, inflammable fluids, compounds or other combustible materials may be collected or deposited, and he shall be vigilant in causing removal of same whenever necessary in his opinion to avoid danger from fire. He shall direct the tenant or occupant of any such building or place to remove or otherwise safely dispose of such ashes, shavings or any explosives, inflammable fluids, compounds or other combustible materials, and in case such tenant or occupant shall refuse to do so, the chief shall remove or cause to be removed the same at the expense of such tenant or occupant.

When requested by two or more citizens he shall examine or cause to be examined any building containing such combustible materials, and if he finds the same to be kept in an insecure or illegal manner, he shall give written notice to the owner or occupant to make such changes as in his opinion public safety requires. Any person neglecting or refusing to make such changes or to carry out such instructions shall be liable to a penalty as set out in section 1-7.

(R. O. 1960, ch. 8, § 8.)

Sec. 8-5. Location, discontinuance, etc., of hydrants.

The location, relocation or discontinuance of all hydrants in the city, including such private hydrants as may be constructed to be used for fire purposes, shall be under the authority of the water commissioners, subject to the approval of the board of engineers of the fire department.

(R. O. 1960, ch. 8, § 9.)

Sec. 8-6. Obedience to chief at fires.

All persons shall obey the orders and directions of the chief or his deputies given at any fire and shall render any service requested of them.

(R. O. 1960, ch. 8, § 11.)

Sec. 8-6.1. Enforcement of article.

The fire chief is hereby authorized to enforce the provisions of this article.

Sec. 8-6.2. Noncriminal disposition.

The fire chief may, as an alternative to initiating criminal proceedings, seek the noncriminal disposition of violations of this article by following the procedure set forth in section 21D of chapter 40 of the General Laws. For the purpose of this section only, any person who violates any provision of this chapter shall be subject to a penalty of twenty-five dollars for each such violation. Each day such violation occurs or continues shall be a separate offense.

ARTICLE II.
BUREAU OF FIRE PREVENTION.

Sec. 8-7. Established; supervision; appointment of inspectors.

A bureau of fire prevention in the fire department of the city is hereby established which shall be operated under the supervision of the chief of the fire department. He shall designate an officer or member of the fire department as chief inspector of the bureau of fire prevention, who shall hold this office at the pleasure of the chief of the fire department, and may also designate such number of assistant inspectors as shall from time to time be authorized by the city council.

Sec. 8-8. Powers and duties generally.

It shall be the duty of the officers of the bureau of fire prevention to enforce all laws and ordinances of the state and city covering the following:

(a) The prevention of fires.

(b) The storage and use of explosives and flammables.

(c) The installation and maintenance of automatic and other fire alarm systems and fire extinguishing equipment.

(d) The investigation of the cause, origin and circumstances of fires.

They shall have such other powers and perform such other duties as are set forth in other sections of this article and as may be conferred and imposed from time to time by law.

Sec. 8-9. Duties of fire chief.

It shall be the duty of the chief of the fire department to:

(a) Investigate and recommend to the city council such additional ordinances or amendments to existing ordinances as he may deem necessary for safeguarding life and property against fire.

(b) Prepare instructions for the chief inspector and his assistants and forms for their use in the reports required by this article.

(c) Require teachers of public, private and parochial schools and educational institutions to have periodic fire drills each year and to keep all doors and exits unlocked during school hours.

(d) Keep in the office of the bureau of fire prevention, a record of all fires and all the facts concerning the same, including statistics as to the extent of such fires and damage caused thereby, whether such losses were covered by insurance and if so, in what amount. Such record shall be made daily from the reports made by the inspectors under the provisions of this article and shall be open to the public.

As to enforcement of air pollution regulations by fire chief, see § 3-5 of this Revision.

Sec. 8-10. Annual report.

The annual report of the bureau of fire prevention shall be made on or before the thirty-first day of March, shall be transmitted to the mayor as part of the fire department's annual report and shall contain all proceedings under this article with such statistics as the chief of the fire department may wish to include therein. The chief of the fire department shall also recommend any amendments to the provisions of this article which, in his judgment, shall be desirable.

ARTICLE III.
FIRE DEPARTMENT.

Sec. 8-11. Composition.

The fire department shall consist of as many permanent and temporary members, callmen and substitute callmen as the city council may determine.

The permanent force of the fire department shall consist of the fire chief, five deputy fire chiefs and fourteen lieutenants.

(R. O. 1960, ch. 8, §§ 1– 3; 12-14-64; 5-10-71; 7-25-88.)

Sec. 8-12. Chief to be responsible for discipline of department– Deputy to assume power in absence of chief.

The chief of the fire department shall be held responsible for the discipline, good order and proper conduct of the officers and men of the department and shall make such rules and regulations for the government of the department as he and the deputy chiefs deem necessary; provided, that such rules and regulations shall be subject to approval by the council and mayor.

In the absence of the chief, the deputy chief on duty shall execute the duties of his office with full and complete powers of the chief, excepting the authority to approve the payroll and departmental expenditures.

(R. O. 1960, ch. 8, § 4.)

Sec. 8-13. Suspension of members.

The chief shall have the power to suspend any member of the department, for insubordination, disorderly conduct or violation of the rules and regulations of the department and shall at once report in writing such suspension and the cause thereof to the council and mayor. Upon consideration of the cause, the suspended member may be reinstated, reprimanded, fined or discharged; provided, that if it shall appear that the member of the department so suspended was under the influence of intoxicating liquors, he shall be forthwith discharged from the department and shall not thereafter be eligible for reinstatement.

(R. O. 1960, ch. 8, § 5.)

Sec. 8-14. Compensation for time lost.

A permanent or call member who is unable to discharge his duties as a member of the department on account of sickness or injury, incurred by reason of and while in the discharge of such duties shall be entitled to his regular compensation; provided, that his claim therefor is accompanied by a written certificate of a physician testifying to such disability and a written statement from the chief, testifying to the cause of his disability, subject to the approval of the city council.

(R. O. 1960, ch. 8, § 7.)

Sec. 8-15. Members to be exempt from jury duty.

All members of the fire department shall be exempt from jury duty.

(R. O. 1960, ch. 8, § 13.)

Sec. 8-16. Compensation for injury, etc., of call members incurred while in discharge of duties.

Whenever a call member is unable to discharge his regular duties in his usual and ordinary occupation on account of sickness or injury incurred by reason of and while in the discharge of his duty as such call member in actual service in the fire department, he shall be entitled to his regular compensation received for his work and labor while employed in his usual and regular occupation for a period of ninety days from the date of such sickness or injury; provided, that his claim therefor is accompanied by a written certificate of a physician testifying to such disability, a written statement from the captain of his company testifying to the cause of his disability and approved by the city council and mayor and a further sworn affidavit from his regular employer stating the amount of his weekly wage; provided further, that the amount of his weekly wage shall equal his average weekly wages for the three months next preceding the date of such sickness or injury.

(R. O. 1960, ch. 8, § 14.)

Sec. 8-17. Hours of work.

The permanent members of the uniform members of the fire fighting force shall not be required to be on duty more than an average of forty-two hours per week; except, that in the case of a conflagration, the chief of the department shall have full authority to summon and keep on duty all members while the conflagration continues.

(7-27-70; 7-10-72.)

Sec. 8-18. Uniform allowance.

A uniform allowance shall be allowed for each permanent firefighter of the fire department annually; provided, however, that uniform purchases shall be incurred only with the approval of the chief of such department, who shall provide appropriate forms therefor. Also an allowance shall be allowed for such items as are determined by the chief to be necessary for initial purchase by a new permanent firefighter.

(7-10-72; 11-8-82.)

Sec. 8-19. Fees for ambulance service.

(a) The chief of the fire department shall establish the rates to be charged as fees for the city fire department ambulance service within the commonwealth. The rates to be so established shall be the local or city limit charge or other city and town charges for ambulance service set at current recommended allowances as set forth by the Medicare program, plus an additional forty percent of such charges for Basic Life Support (BLS) service and an additional forty-five percent of such charges for Advance Life Support (ALS) service. The chief of the fire department shall furnish the city treasurer with a list of the persons transported monthly and the fee to be charged, and the city collector shall bill and collect the same.

(b) The city collector may, in his discretion, reduce or arrange payment by installments of the bill of an indigent person who is not insured and has no potential source of third-party recovery therefor. As used in this section, the word "indigent" shall mean (1) a person who receives public assistant under the Massachusetts Aid to Families with Dependent Children, General Relief or Veteran's Benefits programs or receives assistance under Title XVI of the Social Security Act or the Medicaid Program, 42 USC 1396, et seq., or (2) a person whose income, after taxes, is one hundred percent or less of the current poverty threshold annually established by the Community Services Administration pursuant to section 625 of the Economic Opportunity Act, as amended.

(c) All bills for ambulance service shall be inscribed with the following language: "Questions regarding payment should be addressed to the City Collector at 25 West Street, Leominster, MA 01453."

(6-12-61; 8-12-74; 10-25-82; 11-13-90; 11-8-93; 8-8-94.)

Sec. 8-20. Fire apparatus not to leave city.

No fire apparatus shall be taken out of the city, except to a fire, without permission of the mayor, nor shall such apparatus be taken out of the city to a fire except by the permission of the chief or, in his absence, one of the deputies.

(R. O. 1960, ch. 8, § 10.)

Sec. 8-21. Fees for inspections and permits.

The fees for inspections and permits for fire protection are as follows:

Inspection/Permit Fee

Master fire alarm box initial connecting fee $300.00

Annual fee for master fire alarm monitoring (exempt municipal buildings, schools, religious institutions) 125.00

Health Care Certificate of Approval for Licenses

Nursing home 250.00

Rest home 50.00

Hospital 500.00

Fire protection equipment installation or repair 25.00

Cutting and welding (hot work permit) 25.00

Smoke detector alterations 25.00

Tank truck inspection per vehicle 25.00

Blasting permit 25.00

Propane tank permit 25.00

Flammable liquid permit 25.00

Combustible liquids permit 25.00

Underground tanks for fuel oil up to 10,000 gallons 25.00

Aboveground tanks for fuel greater than 1,320 gallons 25.00

Aboveground tanks for fuel oil up to 1,320 gallons 10.00

Tank removal– commercial 25.00

Tank removal– homeowner 10.00

Smoke detector inspection, homes for sale or transfer (per dwelling unit) 25.00

Oil burner (gun) replacement, per unit 25.00

Gunpowder permit 10.00

Undergound tanks, certification of inspection 5.00

Fire reports, copy of (per Public Record Law) 5.00 and up

Ambulance report, copy of (per Public Record Law) 5.00 and up

Every application for an inspection or permit must be paid by check payable to the city.

(7-28-86; 8-12-02; 5-10-04.)