ADVISORY

To: All Heads of Fire Departments
From: Stephen D. Coan, State Fire Marshal
Date: December 1, 2005
Re: Fire Safety Act - Inspection Requirement for Liquor Establishments

As we approach the end of this calendar year, this is a reminder that all establishments that serve alcohol for consumption on the premises are required to have a certificate of inspection (106 certificate) signed by both the building inspector and the head of the fire department. This requirement applies to both state and privately owned establishments. This inspection is a result of Chapter 304 of the Acts of 2004, the Fire Safety Act, and affects establishments of any size. The State Building Code formally applied the 106 certificate to only those establishments over 50. However, the State Building Code has since been amended to require such inspections for all establishments that serve alcohol for consumption on the premises.

If you have a facility that will not be able to fix or repair any violations prior to the time the liquor license is renewed, provisions have been created in the State Building Code and the ABCC laws to accept a "temporary" certificate of inspection with a set expiration date. This is a new provision provided in accordance with the state law. Formally, there had been no temporary certificate of inspections allowed under the State Building Code. These forms and regulatory changes have been approved by the State Building Code Board and should be available through your local building inspectors.

It should be noted that all establishments must comply with the renewal deadlines locally and the December 31 deadline with the state; otherwise the liquor license could be lost and not renewed after January 1, 2006.

If you have any questions contact the Technical Service Unit at 978-567-3375 or in Western MA at 413-587-3181.

SDC/bhs