To: Heads of Fire Departments
From: Stephen D. Coan, State Fire Marshal
Date: November 27, 2001
Re: 527 CMR 27 Emergency and Standby Power Systems

Please be advised that the Board of Fire Prevention Regulations has made two amendments to 527 CMR. Both of these amendments were effective as of 11-12-02, on an emergency basis. As we have not yet received the official return copies from the Secretary of State, we are forwarding the attached copies at this time due to the emergency enactment. Copies of the official returns from the Secretary of State will be included in next month's mailing. The following is a brief explanation of these changes.

Amendments to 527 CMR 13.00: Explosives

The amendments to section 13.00 implement the new explosive related mandates of the new anti-terrorism legislation in accordance with G.L. 148 Section 12 that was recently enacted. The law through this regulation requires a permit from the Marshal for the storage of explosives in magazines, buildings or other structures. This law also requires a permit from the Marshal at locations where explosives are delivered. This new regulation also requires the company making the delivery to record the permit number.

Amendments to 527 CMR 10.13(7)(b)

The hazardous conditions which exist in a particular building, as evidenced by the markings required in 527 CMR 10.13(7)(b), are a very important factor to be considered, in developing the firefighting tactics to be employed at a fire scene. However, each fire situation presents a unique set of circumstances. Firefighting personnel have expressed concerns that the previous marking language could possibly be interpreted to limit or restrict the actions of the Incident Commander. Accordingly, the BFPR has amended the referenced section to include language that makes it clear that the marking requirements shall not in any way limit the discretion of the on scene Incident Commander.

If you have any questions please contact the Code Compliance and Enforcement Unit at 978-567-3300 or in Western Massachusetts at 413-587-3181.