PETITION OF:

SECTION 1. Subsection (a) of section 97A of chapter 143 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The board of building regulations and standards shall require the owner of any building or structure or portion thereof, that includes a place of business designed or used for occupancy as a nightclub or discotheque with a capacity of 100 persons or more, and which includes 1 or more residential dwellings, to install an adequate system of automatic sprinklers throughout the building including, but not limited to, residential dwellings and in any common areas connected thereto, in accordance with the state building code.

SECTION 2. Subsection (b) of section 97A of chapter 143 of the General Laws, as so appearing is hereby amended by striking out in lines 17 and 18 the figure, ‘45’, and inserting in place thereof, in each instance, the following;- 120.

SECTION 3. Section 26G1/2 of chapter 148 of the General Laws, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

Every building or structure, or portions thereof, of public assembly, with a capacity of 100 persons or more, that is designed or used for occupancy as a nightclub or discotheque including all rooms, lobbies, and other spaces connected thereto and all means of egress and entrances, including any such public assembly located within a mixed use building or structure, including a building or structure owned or controlled by the commonwealth or a political subdivision thereof, (a) which is existing, or (b) for which an approved building permit was issued before December 1, 2004, shall be protected throughout with an adequate system of automatic sprinklers, in accordance with the state building code.

SECTION 4. The third paragraph of said section 26G1/2 of said chapter 148, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Any owner of a business designed or used for occupancy as a nightclub or discotheque to which the second paragraph does not apply shall install a system of automatic sprinklers within the building or structure in accordance with the state building code if the business: (1) violates the maximum capacity for such building or structure, as established by duly recognized inspector of buildings, building commissioner or local inspector of a city, town or district or other duly recognized local inspector or inspector, as provided in chapter 143, 2 or more times during a 12-month period; or (2) violates the maximum capacity of such building or structure by a number greater than ½ such maximum capacity as established by a duly recognized inspector of buildings, building commissioner or local inspector of a city, town or district or other duly recognized local inspector or inspector, as provided in chapter 143.

SECTION 5. The fourth paragraph of said section 26G1/2 of said chapter 148, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Temporary use of such a building or structure or portions thereof as a nightclub or discotheque may be allowed if a permit is issued for such use by the head of the fire department in consultation with the local building inspector or inspector who may set the terms and conditions to protect against fire and preserve public safety.

SECTION 6. Said section 26G1/2 of said chapter 148, as so appearing, is hereby further amended by striking out in lines 59 and 60 the figure, “45”, and inserting in place thereof, in each instance, the following figure:- 120

SECTION 7. Section 9 of chapter 304 of the acts of 2004 is hereby amended by striking out subsection (1) and inserting in place thereof the following subsection:-

(1) establishing a nightclub fire safety training program and training materials for employees of every building or structure, or portions thereof, of public assembly with a capacity of 100 persons or more, designed or used for occupancy as a nightclub or discotheque

SECTION 8. Subsection (4) of said section 9 of said chapter 304 is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The secretary of public safety shall establish in conjunction with the executive office of economic affairs, methods of owners, lessees, or mortgagees in possession of a building or structure, or portions thereof of public assembly with a capacity of 100 persons or more, designed or used for occupancy as a nightclub or discotheque to install automatic sprinklers at discounted rates including, but not limited to, no-interest or low-interest loans and insurance cost containment measures.