PETITION OF:

Notwithstanding any general or special law to the contrary,

SECTION 1:

Section 94 of Chapter 143 of the General Laws as so appearing in the 2004 Official Edition, is hereby amended by adding at the end of sub section (a) the following new sentence: - “this shall not include standards for fire prevention or protection systems, as defined in Section 1 of Chapter 148 of the General Laws, installed in new or substantially renovated buildings or structures; nor for the standards for the keeping or storage of explosives, or other dangerous materials as defined by the Board of Fire Prevention Regulations or for chemical processes used in said buildings or structures.

SECTION 2:

Section 95 of Chapter 143 of the General Laws, as so appearing is hereby amended by striking out, in subsection (a) the words: - “and fire prevention.”

SECTION 3:

Section 96 of Chapter 143 of the General Laws, as so appearing, is hereby amended by inserting between the words “demolition” and “promulgated” the words:-

“or fire prevention.”

SECTION 4:

Section 1 of chapter 148 of the General Laws, is hereby amended by inserting, between the definitions of “Department” and “Head of the fire Department”, the following new definition:-

“Fire protection systems”, any equipment or system relating to fire protection, fire detection, fire warning or fire suppression or as otherwise defined by the Board.

SECTION 5:

Section 200 of Chapter 6, as so appearing is hereby repealed in its entirety.

SECTION 6:

Section 201 of Chapter 6 of the General Laws is hereby repealed in its entirety.

SECTION 7:

Section 28 of Chapter 148 of the General Laws, as so appearing in the 2004 Official Edition, is hereby amended by adding after subsection 3, the following new subsections:-

(4) to provide adequate standards for the design, installation, and maintenance of fire protection systems in buildings or structures.

(5) to provide for the standards for design installation and maintenance in the keeping and storage of dangerous materials in buildings or structures.

(6) to provide for the standards regarding the safe keeping and use of all chemical processes used in a building or structure.

SECTION 8:

Sections 26A, 26A½, 26B, 26G, 26G½, 26H, and 26I of Chapter 148 of the

General Laws is hereby amended by striking out the words:- “in accordance with

the provisions of the state building code” and substituting in place thereof the following words:- in accordance with the provisions of the state fire code.

SECTION 9:

Sections 26A and 26B of Chapter 148 of the General Laws is hereby amended by striking out the words:- “to the board of appeals as provided in the state building code and section twenty-three B” and inserting in their place, the following new words:- “the board of appeals as provided for in section five of chapter 22D.”

SECTION 10:

Sections 26A½, 26C, 26G, 26G½, and 26H of Chapter 148 of the General Laws is hereby amended by striking out the words:- “board of appeals of the fire safety commission” and inserting in their place, the following new words:- “the board of appeals as provided for in section five of chapter 22D.”

SECTION 11:

Chapter 22D of the General Laws as so appearing in the 2004 Official Edition is hereby amended by adding the following new section:-

“(5) There is hereby established a Board of Fire Prevention regulations Appeals Board.” The Board is established under the provisions of section four. Whoever is aggrieved by any act, rule, order, decision, requirement, direction, or failure to act by any state or local agency charged with the administration or enforcement of the state fire code or its rules or regulations may within forty-five days after the service of notice thereof, appeal from said act, rule, order, decision, requirement, direction or failure to act to the appeals board.

Appeals hereunder shall be on a form as provided by he appeals board and shall be accompanied by such fee as said appeals board may determine. The state, city, or town officer in charge of the records and all other papers and documents relative to an appeal shall forthwith, upon request of the appeals board, transmit such papers and documents constituting such records to the appeals board.

An appeal shall stay all proceedings in the furtherance of the action of failure to act appealed from the state or local agency charged with the administration or enforcement of the state fire code or any of its rules or regulations, presents evidence that a stay would cause imminent peril or life or property.

The chairman of the appeals board shall designate any three members of the appeals board to hold any public hearing under this section and to hear testimony and take evidence. The appeals board in hearings under this section shall not be bound by the strict rules of evidence prevailing in courts of law or equity.

The chairman shall fix the time and place for each hearing and such hearing shall take place not later than thirty days after the filing of such appeal unless such time is extended by agreement of the appellant. Any such party may appear in person or my agreement or attorney at the hearing.

Decisions on appeals shall be made by the three-member appeals board conducting the public hearing. Every decision shall require the concurrence of at least two of the three members and the appeals board shall state in writing its findings of fact, conclusions and reasons for its decision and indicated the vote of each member upon the decision.

The appeals board shall issue a decision or order reversing, affirming, or modifying in whole or in part such interpretation, order or decision or postponing the application thereof within thirty after such hearing, unless such time is extended by agreement with the appellant.

The appeals board may grant a variance from any provision of this code in any particular case may determine the suitability of alternate materials and methods of compliance and may provide reasonable interpretations of the provisions of this code consistent with its purpose.

SECTION 12:

Section 4 of Chapter 22D of the General laws as so appearing in the 2004 Official Edition is hereby amended by inserting on line 5 after the word “marshal,” the following new words:- “the fire commissioner of the City of Boston and the Chairman of the Board of Building Regulations and Standards.”

Section 4 hereby amended by striking out in line 8 the word “thirteen” and inserting the new word:- “sixteen”.

Said section 4 is further amended by striking out in line 18 the word “ten” and inserting the new word: - “thirteen”.

Section 4 is hereby further amended by adding in line 37 after the word “years” the following new words:- “one whom shall be a member of the sprinkler fitters union, one whom shall be a registered professional engineer, one whom shall be a structural engineer, and one whom shall be a certified building inspector representing the Massachusetts Federation of Municipal Building Inspectors.”

Section 4 is further amended by striking out in its entirety lines 39 and 40 as so appearing, which now reads:- “such chairman shall act as a non-voting member of said board, except in the case of a tie vote.”