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Roma, Paul
From: Daniel A. Ojala PE, PLS <downcape@downcape.com>
Sent: Wednesday, September 14, 2016 3:17 PM
To: Roma, Paul
Subject: #388 High Street, West Barnstable, MA Map 308 Pcl 97
Attachments: 388 HIGH STREET SITE PLAN (YANKEE) 8-1-11.pdf, FAQs%20082012.pdf, 527 CMR 1
Chp. 18.pdf, image001.gif
Paul:
I have a client buying this lot who would like to know if this approved 9' wide driveway will be
ok to pull a building permit for this proposed single family house.
Yankee Survey did this plan in 2011 and got an RDA from Conservation Commission, it is
extended by the PEA.
I don't believe a building permit was ever pulled for the house, nor was the driveway
constructed yet.
My concern is the new Fire Lane bylaw attached 527 CMR 1 ch 18.2.3, 20' width hardened
surface with turn around etc.
There is a mention of the Authority Having Jurisdiction (AHJ) (the fire department?) being
able to waive some requirements in 18.2.1 .3.4 due to waterways etc., and I notice there is a
.boulevard exception down to 10' wide lanes.
Thanks for any thoughts, would be glad to meet if helpful.
Daniel A. Ojala PE, PLS
down cape engineering, inc.
939 Main St.Yarmouthport, MA
1-508-362-4541 x108
1-508-362-9880 fax
downcape@downcape.com
This Electronic Message contains information
from the engineering firm of down cape engineering, inc.,
which may be privileged. The information is intended
to be for the use of the addressee only. If you are not
the addressee, note that any disclosure, copy, distribution
or use of the contents of this message is prohibited.
i
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i
THE PERMIT EXTENSION ACT
UPDATED AUGUST 8,2012
FREQUENTLY ASKED QUESTIONS
This document provides answers to frequently asked questions about the permit extension act as
it affects permits issued by state agencies. It is not intended to provide guidance with respect to
permits issued by a municipality.
WHAT IS THE PERMIT EXTENSION ACT?
The Permit Extension Act was created by Section 173 of Chapter 240 of the Acts of 2010 and
extended by Sections 74 and 75 of Chapter 238 of the Acts of 2012. The purpose of this act is to
promote job growth and long-term economic recovery and the Permit Extension Act furthers this
purpose by establishing an automatic four-year extension to certain permits and licenses
concerning the use or development of real property. With limited exceptions, the Act
automatically extends, for four years beyond its otherwise applicable expiration date, any permit
or approval that was"in effect or existence"during the qualifying period beginning on August
15, 2008 and extending through August 15, 2012.
WHAT TYPES OF APPROVALS ARE INCLUDED IN THIS ACT?
The Act applies to regulatory approvals issued by local, regional or state entities that concern the
use or development of real property. "Approval' is defined broadly to include any permit,
certificate, license, certification, determination, exemption, variance, waiver, building permit, or
other approval or determination of rights, and any order, except for enforcement orders.
DOES THIS EXTENSION APPLY ONLY TO STATE-ISSUED PERMITS?
No,this extension applies to all qualifying permits issued by any municipal, regional, or state
entity.
P
THE ACT REFERS TO A LIST OF STATUTES.DOES THE ACT COVER APPROVALS UNDER OTHER
STATUTES?
Yes. While the definition of"Approval' includes a particular list of statutes, it is not an exclusive
list of all statutes affected by this Act. As such, the Act applies to all regulatory approvals
concerning the use or development of real property, except those expressly exempted.
ARE ANY TYPES OF APPROVALS EXEMPTED FROM THIS STATUTE?
Yes. The following approvals are expressly exempted and therefore are NOT covered by the Act:
■ Permits or approvals issued by the Federal government, or by a state agency issued pursuant
to federal law
Permits issued under sections 20 to 23 of Chapter 40B
■ Hunting, fishing and aquaculture approvals issued by the Division of Fisheries and Wildlife
under Chapterl31 .
■ Enforcement orders.
ARE PRE-DEVELOPMENT ACTIVITIES CONSIDERED APPROVALS?
No. Use or development of real property concerns buildings or structures, or site work
specifically associated with.the development of buildings or structures, rather than pre-
development activities such as oil or hazardous material cleanup. Even though such actions may
1
THE PERMIT EXTENSION ACT
UPDATED AUGUST 8,2012
be deemed a precondition to making real property suitable for use or development, pre-
development activities that are independently undertaken outside of the context of a larger
development project are not covered by the Act.
DOES THIS STATUTE APPLY TO PROPERTY RIGHTS GRANTED TO THIRD PARTIES TO USE STATE
OWNED PROPERTIES?
No. The Act does not apply to the property rights issued by the Commonwealth in its role as a
landowner and as such does not apply to easements, leases, licenses for the use of property
(except to the extent that a license may authorize the use or development of property, such as in
the case of a license issued under Chapter 91 or a curb cut permit), and/or conservation or
agricultural restrictions.
IS THE 4YEAR EXTENSION AUTOMATIC?
Yes. The four year extension authorized by the Act is automatic, meaning it occurred by
operation of law. Neither the permit holder nor the issuing agency needs to take action to
implement the extension.
DOES A PERMIT OR APPROVAL EXTENDED BY THE ACT REQUIRE ANY FURTHER REVIEW?
No, unless the permit or approval by its terms called for such further review when in effect
during the qualifying period. Permits or approvals issued prior to the qualifying period and in
effect at any time during the qualifying period, and permits or approvals issued during the
qualifying period have completed review and are valid for four additional years from the original
date of expiration.
WHAT IS THE NEW EXPIRATION DATE?
The new expiration date is four years from the date that otherwise marked the end of the lawful
term of the permit or approval. For example, a permit that expired on September 1, 2009 is now
revived and will expire on September 1, 2013.
ARE ISSUING AGENCIES REQUIRED TO ISSUE WRITTEN NOTICES OF EXTENSION TO APPROVAL
HOLDERS?
No. The Act does not require issuing agencies to provide written notice of extension and an
approval holder does not need written notice of extension of its permit or approval. However, an
issuing agency may post a general notice of the Act on its website and may issue a standard
notice of extension eligibility to approval holders who request a document for financing or other
purposes.
DOES THE ACT APPLY TO BUILDING PERMITS?
Yes. Any building permit issued or in effect between August 15, 2008 and August 15, 2012 has
been extended by four years from the date on which the permit was otherwise set to expire.
DOES THE ACT APPLY TO MASSACHUSETTS ENVIRONMENTAL POLICY ACT(MEPA)
DECISIONS,CERTIFICATES OR WAIVERS?
Yes. Certificates issued pursuant to MEPA are specifically listed in the definition of"Approval"
included in the Act. Therefore, Certificates that were issued or were in effect between August
15, 2008 and August 15, 2012 will have four additional years before a"Lapse of Time"will have
2
THE PERMIT EXTENSION ACT
UPDATED AUGUST S,2012
occurred triggering either a Notice of Project Change or a new Environmental Notification Form
(See 301 CMR 11.10).
ASIDE FROM THE TWO YEAR EXTENSION,HAS THE PERMITTING OR CONSTRUCTION PROCESS
OTHERWISE BEEN CHANGED BY THE ACT?
No.
WHAT IF I SUBMITTED AN APPLICATION FOR A PERMIT DURING THE QUALIFYING PERIOD,BUT
IT WAS NOT ISSUED UNTIL AFTER THE PERIOD HAD PASSED?
The permit does not qualify for extension. The Act only extends permits that were issued or
already in effect at any point (e.g., even for one day) during the qualifying period.
WHAT IF A PERMIT WAS ISSUED BY A BUILDING OFFICIAL DURING THE QUALIFYING PERIOD,
BUT NEVER PICKED UP BY THE APPLICANT?
If the permit was issued and never revoked, it qualifies for the extension regardless of whether it
was ever picked up.
WHAT IF I RECEIVED A PARTIAL BUILDING PERMIT DURING THE QUALIFYING PERIOD,BUT NOT
A PERMIT FOR THE REST OF THE PROJECT?
Only the permit that was issued or was already in effect is eligible for the four year extension.
For instance, if a foundation permit was issued during the qualifying period, but other permits for
the remainder of the project were issued outside of the qualifying period, only the foundation
permit is extended. No approvals or permits that were not either issued or already in effect
during the qualifying period are eligible for automatic extension.
DOES THE ACT APPLY TO A PERMIT THAT EXPIRED DURING THE QUALIFYING PERIOD?
Yes, the Act revives and extends any permit or approval that was valid during the qualifying
period of August 15, 2008 through August 15, 2012. For instance, a permit that expired on July
1, 2009 is now revived and set to expire on July 1, 2013.
DOES THE ACT APPLY TO A PERMIT OR APPROVAL THAT WAS NOT DUE TO EXPIRE UNTIL AFTER
THE QUALIFYING PERIOD?
Yes. The Act provides an additional four years to the original "lawful term of the permit" or
approval. If a permit or approval was due to expire on September 1, 2011, it will now
automatically expire on September 1, 2015.
DOES THE ACT APPLY TO A PERMIT THAT HAD AN EXPIRATION DATE THAT FELL WITHIN THE
QUALIFYING PERIOD BUT HAS BEEN ADMINISTRATIVELY CONTINUED PAST AUGUST 15,2012,
PURSUANT TO A TIMELY APPLICATION FOR RENEWAL?
Yes. The Act applies to any permit or approval valid during the qualifying period and extends
the permit or approval four years in addition to the "lawful term of the approval."
DOES THE ACT EXTEND THE TERM OF A PERMIT THAT WAS REVOKED DURING THE QUALIFYING
PERIOD? I
No. The Act applies to permits or approvals that were "in effect or existence" during the
qualifying period. Any permits or approvals that were revoked during the qualifying period were
3
THE PERMIT EXTENSION ACT.
UPDATED AUGUST 8,2012
not in effect or existence for the purposes of this Act. The Act expressly preserves an issuing
agency's authority to suspend or revoke an approval in accordance with the terms of approval
itself, or the authorizing statute or regulations.
DOES THE ACT APPLY TO A PERMIT THAT EXPIRED PRIOR TO THE QUALIFYING PERIOD,BUT
WHICH HAD BEEN EXTENDED BY THE ISSUING AGENCY?
Yes, provided the extension resulted in the permit being "in effect" during the qualifying period;
if the permit application was pending but not granted during the qualifying period it was not"in
effect or existence" for purposes of the Act. For example, a permit that was set to expire on
January 31, 2007, but which was lawfully extended for three years by the issuing authority(until
January 31, 2010), would now be set to expire on January 31, 2014.
IF MY PERMIT WAS EXTENDED BY THE AGENCY DURING THE QUALIFYING PERIOD,SUCH THAT I
HAD TWO VALID PERMITS FOR THE SAME PROJECT,ARE BOTH EXTENDED?
While both permits may technically be extended, they would run concurrently, such that the four
year extension on the second permit would be the controlling and relevant deadline. For
example, if your permit were due to expire on August 15, 2009, and you applied for and received
a one year extension until August 15, 2010, your new permit deadline would be August 15, 2014.
CAN AN AGENCY REVOKE OR SUSPEND A PERMIT OR APPROVAL TO AVOID THE 4 YEAR
EXTENSION?
No. An issuing agency must have an independent reason authorized by the terms of the permit,
the statute or the regulation to revoke or to suspend a permit.
DOES THE ACT REVIVE PERMITS THAT EXPIRED DURING THE QUALIFYING PERIOD WHERE A
REQUEST FOR AN EXTENSION OR RENEWAL WAS ALREADY DENIED?
Yes. The Act only preserves certain rights of an agency to suspend or to revoke an approval.
Even if an extension had been previously denied, the permit or approval is revived by the Act.
However, a permitting authority retains its rights to revoke or modify a permit to the extent
authorized permitted by the underlying permit, statutory or regulatory authority.
CAN THE ISSUING AGENCY CONDITION THE EXTENSION TO CORRECT PROBLEMS,ERRORS,
AND/OR PROJECT CHANGES SINCE THE PERMIT EXPIRED?
No. The extension is automatic and no conditions can be placed on the extension. The Act
automatically changes the expiration date of a qualifying approval. Any work that takes place
under an extended permit or approval must conform to the existing performance standards.
However, an issuing agency may modify the conditions of the extended permit or approval if the
underlying statutory or regulatory authority would allow such modification.
CAN THE ISSUING AGENCY MODIFY A PERMIT OR APPROVAL TO CORRECT PROBLEMS,ERRORS,
AND/OR PROJECT CHANGES SINCE THE PERMIT EXPIRED?
Yes. The Act preserves the issuing agency's authority to modify an approval if the underlying
statutory or regulatory authority would allow a modification to correct problems, errors,or
project changes. Any work that takes place under an extended permit or approval must conform
to performance standards otherwise applicable to the permit as originally granted or previously
extended.
4
THE PERMIT EXTENSION ACT
UPDATED AUGUST 8,2012
CAN THE ISSUING AGENCY TAKE ENFORCEMENT ACTION TO ADDRESS NONCOMPLIANCE?
Yes. The Act upholds the issuing agency's enforcement authority.
DOES THE ACT AFFECT MITIGATION THAT WAS REQUIRED AS A CONDITION OF MY PERMIT?
No. Any and all conditions that applied to the permit or approval extended by the Act continue to
apply.
IS ANYTHING OTHER THAN THE EXPIRATION DATE OF MY PERMIT OR APPROVAL CHANGED BY
THE ACT?
No. A permit or approval is subject to the same substantive terms that applied when it was
issued by the agency, except that any interim deadlines established by the permit are extended
for four years. Permits or approvals can be modified under the same terms that were originally
contained in the permit or approval or that are authorized by the underlying statute or
regulations.
IF WORK UNDER A PERMIT OR APPROVAL REQUIRES OTHER PERMITS,ARE THEY ALSO
AUTOMATICALLY EXTENDED?
If such permits or approvals are covered by the Act and were issued or already in effect during
the qualifying period; they would also be extended.
IF AN APPROVAL HOLDER IS IN VIOLATION,DOES THE ACT EXTEND THE PERMIT OR APPROVAL?
Yes, but the issuing agency can take appropriate enforcement action if a violation has occurred.
The Act does not alter other substantive provisions of the permit or approval, or the authority of
the issuing agency under which it was issued.
WHAT IF A PERMIT WAS ISSUED DURING THE QUALIFYING PERIOD BUT WAS SUBJECT TO AN
ADMINISTRATIVE APPEAL?
A permit or approval that was pending adjudicatory appeal during the qualifying period is not
extended because it is not a final permit or approval and as such is not "in effect or existence."
However, if the administrative appeal that prevented the permit or approval from taking effect
was resolved and a final permit was issued during the qualifying period, it is a permit in effect or
existence and is entitled to the four year extension. If the administrative appeal is resolved and a
final permit is issued after the qualifying period, the final permit is not entitled to the four year
extension.
WHAT IF A PERMIT WAS ISSUED DURING THE QUALIFYING PERIOD BUT IS NOW PENDING
JUDICIAL APPEAL?
As with any permit pending judicial appeal, it is subject to the court's ultimate decision. If a
permit that would qualify for the extension is pending appeal, and the court upholds the permit,
the permit will qualify for an extension. There is no need for an extension if the court invalidates
the permit.
WHAT IF A PERMIT WAS ISSUED DURING THE QUALIFYING PERIOD BUT WAS APPEALED TO
COURT AND THE COURT'S DECISION UPHOLDING THE PERMIT WAS NOT ISSUED UNTIL AFTER
THE QUALIFYING PERIOD?
5
THE PERMIT EXTENSION ACT
UPDATED AUGUST 8,2012
Because the permit was issued during the qualifying period, it was in effect or existence during
the qualifying period and qualifies for an extension.
IS THERE ANY REASON WHY A PERMIT OR APPROVAL EXTENDED PURSUANT TO THE ACT
WOULD NOT BE ELIGIBLE FOR FUTURE EXTENSIONS PURSUANT TO THE STATUTES AND
REGULATIONS THAT APPLY TO THAT PERMIT OR APPROVAL?
No. Such permits would be subject to any substantive provision of the underlying statutes or
regulations.
CAN AN APPROVAL HOLDER REFUSE AN EXTENSION?
No. If the Act applies to a permit or approval, it is automatically extended. However, an
approval holder can surrender its approval under the same terms and conditions of that permit or
approval that it could absent the Act.
WHAT EDITION OF THE STATE BUILDING CODE(780 CMR)IS A PROJECT PROCEEDING UNDER
AN EXTENDED PERMIT SUBJECT TO?
A project should proceed in accordance with the edition of the State Building Code under which
the permit was issued.
UNDERSTANDING THAT CHAPTER 40B PERMITS ARE EXEMPT FROM THIS ACT,ARE THE NON-
40B PERMITS ASSOCIATED WITH A 40B PROJECT(SUCH AS WETLANDS PERMITS,
ETC.)EXTENDED?
Yes. Only permits issued under sections 20 to 23 of Chapter 40B are not extended. All other
permits associated with the project are extended.
ARE 40R PAYMENTS OR THE CLAWBACK OF ZONING INCENTIVE FUNDS EXTENDED?
No. The Act applies only to the use or development of real property and does not extend Chapter
40R incentive payments.
6
i
SAFEGUARDING CONSTRUCTION,ALTERATION,AND DEMOLITION OPERATIONS 1-163
16.5.2 Demolition operations involving the use of cutting and%widing 16.73.1 Roofing kettles and all integral working parts shall be in good
shall be done in accordance with Chapter ill. working condition and shall be maintained five ofexeessive residue.
1653 Combustible waste material shall not be burned at the demolition 16.73.2 All piping used for pumping heated material to the.roof shall be
site unless approved by the AM Combustible materials shall be removed installed in a manner to prevent loss ofheated material.
from the Site as often as neoessary to minimize the hazards therefrom(See 16.733 Flexible steel piping shall not be used on the vertical extension of
16.2.2 wd Section 10.11) Piping systems.
16A4 Where in the opinion of the AM the demolition site is of a 16.73A Flexible steel piping shall be limited to those connections that are
hazardous nature,qualified personnel shall serve as an on-site fire watch. immediately adjacent to the pump kettle or discharge outlet
16.6 Torch-Applied Roofing Systems. 16.73S No single kngtir of flexible piping shall exceed 6 It(1.8 m)in
16.6.1 Pemilts.Permits,w'bere required,shall comply with Section 1.12. length,and all piping slurp be able to withstand a pressure of at least four
16.6.2 Torch-applied roofing systems shall be instalied in accordance with times the working pressure ofthe pump.
Chapter 9 of NFPA 241, S1mr1mrl for Srfegrrrrdurg Clowntdiw& 16.73.6 RoolingKettleDoors.
Akerafiort and Demolilron Opemfiom. 16.73.6.1 All roofing kettles shall have doors permanently attached
16.7 TarKetties. 16,73.6.2 Roofing kettle doors shall be installed in a worimumlike
16.7.1 General. manner and shall be provided with handles that allow them to be opened
16.7.1.1 The provisions of Section 16.7 shall apply to any type of widrout the operator having to stand in front ofsame.
equipment including,but not limited to,chassis-mounted equipment used 16.73.63 Ali kettles shall have an approved,working visible temperature
for preheating or heating tar,asplrah,pitch,or similar substances for roofs, gauge trust indicates the temperature ofthe material being heated.
floors,pipes,or similar objects. ' 16.73.7 All kettle doors shall be tightly closed and latched what in transit
16.7.1.2 Permits.Permits,where required,shall comply with Section 16.7.4 Construction.
L I Z 16.7.4.1 The materials and methods of oonshuction ofroofing kettles shall }
16.7.13 Operating kettles shall not be located inside of or on the roof of be acceptable to the AM
any building.
16.7.1 A Tar Kettle Location.The kettle shall be operated m a controlled 16.7.4.2;\Paragr m Requirements.
area The area shall be identified by the use of traffic cones,barriers,and excess
of Paragraph 16.7.4.2 shall apply to all roofing kettles or tar pots in
excess of 1 gal(3.8 L)capacity.
other suitable means as approved by the AHd, 16.7.4.2.2 No roofing kettle shall have a capacity in excess of 5 barrels
16.7.1S KettleSupervidon. (ben
16.7,15.1 An operating kettle shall be attended by a minhnum of one 16.7,423 Roofing kettles of 2 bbl capacity or less shall be constructed of
employee who is knowledgeable ofthe operations and hazards. steel sheet having a thickness of not less than 0.105 in (No. 12
16.7.15.2 The employee shall be within 25 ft(7.6 m)of the kettle and Manuicturene Standard Gauge).Kettles of more than 2 bbl capacity shall
shall have the kettle within sight be constructed of steel sheet having a thickness of not less than 0.135 in
16.7.1.6 FimEctingulshem (No. 10 Manufacturers'Standard Gauge).AI supports,comers,and the
16.7.1.6.1 11vo approved 4-A:40•B:C fin;extinguishers shall be provided top and bottom of the lire box shall be bound with angle iron or other
and maintained within 25 It(7.6 m)ofthe operating kettle.. reinforcements approved by the AM.All doors shall be hinged,closely j
16.7.1.62* A minimum of one approved 4•A:40•B:C fire'extinguisher fitted,and adequately latched.Fire boxes shall be of sufficient height from
shall be provided and maintained on the roof in close proximity to the the ground or shall be provided with a system of shields or insulation to
roofing operations while the roofing material is being applied prevent heat damage to the street surface.
16.7.1.63 Fire extinguishers shall be mounted in an accessible and visible 16.7.42.4 Lids that can be gravity operated shall be provided on all
or identified location. roofing kettles.The tops and covers of all kettles shall be constructed of
16.7.1.7 Exits, steel sheet having a thickness ofnot less than 0.075 in.(1.90 min)(No.14
16.7.1.7.1 Roofing kettles shall not block exits,paeans of egress, Mangy Standard Gauge)that is close fitting and attached to the
!'�,1'� kettle with hinges that allow gravity to close the lid.
roadways,or entrances 16.7.42S The chassis shall be substantially constructed and capable of
16.7.1.7.2 Kettles shall not be closer than 10 ft(3 m)from exits or means Ong the load imposed upon it wirelher it is standing still or being
ofegress. transported.
16.7.2 Fuel System 16.7.4.2.6 Fuel containers,burners,and related appurtenances of roofing
16.72.1 Fuel containers shall be constructed and approved for the use for kettles in%%fich LP-Gas is used fbr heating shall comply with all the
%%Nch ffiey were designed. requirements ofChapter 69,
16.7.22 Liquefied petroleum gas(LP Gas)containers,hose,regulators, 16.7.42.7 Fuel containers that operate under air pressure shall not exceed
and burners shall conform to the requirements in Chapter 69. 20 gal(76 L)in capacity and shall be subject to the approval ofthe AM
16.7.23 LP-Gas cylinders shall be secured to prevent accidental tipover, 16.7.4.22 All fuel containers shall be maintained in accordance with
16.7.2.4 Regulators shall be required on any cylinders. applicable NFPA codes and standards or shall be at least 10 ft(3 m)fiom
16.7.25 Where, in tine opinion of the AlB,pbysical damage to tlx: the burner!Lune or at least 2 ff(0.6 m)therefrom wfien property insulated
container is a danger,protection shall be provided to prevent such physical from heat or flame.
damage. 16.8 Asbestos Removal
16.72.6 LP-Gras containers for roofing kettles shall not be used in any 16.9.1 Notification. The AHJ and the fire department shall be
building notified 24 hours prior to the commencement and closure of
16.73 Maintenance. asbestos removal operations.
2012 Edition
1-164 MASSAC11USETTS COMPREHENSIVE FIRE SAFETY CODE
i
16.8.2 Permits.Pemvts,NO=required,shall comply with Section 1.12, house or building before floor sanding or finishing begins M
16,83 SWm Approved signs shall be posted at the entrance,exit and exit and until 24 hours after the end of all floor sanding and A
access door,decontamination areas,and waste disposal areas for asbestos finishing activities. M
removal operations. 16.9.3.4' Waste Materials. A metal waste-can with a self M
16,83.1 The signs shall state that asbestos is being removed firm the area, closing cover shall be provided for all waste materials,including A
that asbestos is a suspected carcinogen, and that proper respiratory wood dust,and rags.All such materials shall be removed from M
protection is required the building and disposed of daily. A
16.832 Signs shall have a reflective surface,and lettering shall be a
minimum of2 in.(51 mm)high, , Chapter17 Wildlife Urban Interface
M 16.9 Floor Finishing or Refinishing.See M.G.L.c,94,4 329
A relating to the prohibition of the sale and use of certain lacquer M
M sealers .(including additives) during the course of commercial Delete Chanter 17 in its entirely. A
A wood floor finishing operations.
M 16.9.1 General.Floor finishing or refinishing requirements shall
A apply, to persons: or other entities that engage in sanding. Chapterl8 Fim Department Access and Water Supply
M finishing. or refinishing wood floors, with or without 18.1 General.Fire department access and water supplies shall comply
M compensation. in any building or structure.No person or entity with this chapter
shall apply or otherwise use any flammable floor finishing
18.1.1 Application.
A
product during the course of any activity relating 'to the 18,111 This chapter shall apply to public and privately owned fue
M refinishing or finishing of the surface of a wood floor.This shall apparatus access roads.
A be in addition to the prohibitions of M.G.L.c.94,§329 relating 181 12 This chapter shall apply to public and privately owned fire
M to the sale and use of certain lacquer scalers during the course of hydrant systems.
A commercial wood floor finishing operations.
M 16.9.2 Flammable Floor Finishing Product.Flammable floor 18.1.1.3 The fire apparatus access road plans must include an M
A analysis and evaluation of fire apparatus maneuvers throughout A
M finishing product. as used herein shall mean any clear or the access roads created by swept path analysis and turn M
pigmented wood finish. formulated with nitrocellulose or
A M
i
synthetic resins to dry by evaporation and without chemical simulation software.
M 18.1,1A The fire apparatus access plans shall bear the seal and
A reacton, having a flashvoint below 100T. and having a vapor
pressure not exceeding 40 psi at 100T.including clear lacquer signature of the responsible registered professional engineer, A
M
M sanding sealers. 18.1.1.5 Nothing is this Section shall reduce the requirements
M16.9.3 Fire Safety Requirements,No person shall sand, strip established by cities or towns under M.G.L. 40A and planning M !
A or re-finish wood floors where such sanding,stripping or vapor and zoning b -laws. A
M would create an explosive atmosphere from dust or vapor that 118.1.2 Permits. Permits, where required, shall comply with
A when dispersed could be ignited in the air without first Section 1.12.
M complying with the following fire/explosion safety 18.1.3 Plans.
A requirements.The requirements in(11 and(3)are not applicable 18,1.3.1 Fire Apparatus Access. Plans for fire apparatus
M if ventilation or a dust collection equipment system is used access roads shall be submitted to the fire department for review
A continuously to reduce vapor or dust from accumulating in. and approval prior to construction.
M concentrations that could cause ignition or explosion: 18.1.3.2 Fire Hydrant Systems. Plans and specifications for
fire hydrant systems shall be submitted to the fire department for
A (1) Sources of Ignition.All fires,open flames or other sources of review and approval prior to construction.
M ignition,including smoking materials,spotlights,halogen lights or 18.2 Fire Department Access.
A agpliancepilot lights shall be eliminated from the area or unit 18.2,1 Fire department access and fire department access roads
M (2) Electrical Permit Required, An electrical permit is shall be provided and maintained in accordance with Section
A required when connecting any floor-refinishing machine 18.2•
M directly to the electrical panel in accordance with 527 CMR 18.2.2*Access to Structures or Areas.
A 12 00: 18,2,2,1 Access Box(es). The AHJ shall have the authority to
M require an access box(es)to be installed in an accessible location
A (3) Warning Signs. Any person or other entity sanding or where access to or within a structure or area is difficult because
M stripping floors in a building containing more than one of security. The access box(es) shall be of an approved type
A dwelling unit shall post suitable warning signs indicating the listed in accordance with UL 1037.
M danger of dust and fire/explosion hazard and shall be 18.2,2,1.1.1 Approval of access roads shall be subject to the M
A conspicuously pasted on all doors and entrances to the AHJ and capable of supporting the imposed loads of fire A
M building and/or unit. Such notice is to be printed in
contrasting colors and shall have lettering at least two inches apparatus s and shall ai provided with an all-weather driving M
A surface and sholl be maintained as provided. A
M high and should state the name of the operator in charge.the
A date and time of the operation and the area or-unit where 18.2.2.2 Access to Gated Subdivisions or Developments.The
work is to be performed. Want e posted at Wanting signs shall b AHJ shall have the authority to require fire department access be
M least 24 hours prior to engaeina in such work. provided to gated subdivisions or developments through the use
A of an approved device or system.
M M No Smoking signs, featuring the international pictograph
A prohibiting smoking,must be posted at all entrances to the
NFPA and National Fire Protection Association are registered trademarks of the National Fire Protection Association.n,Quinq,llassachtuctts 0211i4
i
FIRE DEPARTNENf ACCESS AND WATER SUPPLY 1-165
18.2,23 Access Maintenance. The owner or occupant of a apparatus, and approved signs are installed and maintained
structure or area, witfi required fire department access as indicating the established vertical clearance when approved.
specified in 18.2.2.1 or 18.2.2.2,shall notify the AHJ when the 18.2.3.4.1.2.2 Vertical clearances or widths shall be increased
M access is modified. in a manner that eauld pFeyea4 fife when vertical clearances or widths are not adequate to
A dege Omen!aeeess.- accommodate fire apparatus.
18.2.3 Fire Department Access Roads. 18.2.3.4.2 Surface. Fire department access roads shall be
18.2.3.1 Required Access, designed and maintained to support the imposed loads of fire
18.2.3.1.1 Approved fire department access roads shall be apparatus and shall be provided with an all-weather driving
provided for every facility, building, or portion of a building surface.
hereafter constructed or relocated, 18,2.3.4.2.1 Permeable drivable surfaces,that meet loadine of
18.2.3.1.2 Fire department access roads shall consist of 18 2,3.4.2, are allowed when approved by the AHJ. When M
roadways,fire lanes,parking lot lanes or a combination thereof, A
18.2.3.1.3* The provisions of 18.2.3.1 through 18.2.3.2.2.1 approved,the permeable surfaces shall be identified by a method M
shall be permitted to be modified by the AHJ where any of the acccmable to the AHJ, A
following conditions exists: 18.2.3.4.3 Turning Radius.
(1) One- and two-family dwellings protected by an approved M
automatic sprinkler system in accordance with Section 13.1 Shall bO as BPPF8YOd by the Almij. A
(2) Existing one-and two-family dwellings 18.2.3.4,3.1 The minimum inside turning radius of a fire department M
(3) Private garages having an area not exceeding 400 02 acass road shall be 25 feet.The AHJ shall have the ability to increase A
(4) Carports having an area not exceeding 400 ft2 the minimum inside turning radius to accommodate the AHJ's M
(5) Agricultural buildings having an area not exceeding 400 ft2 BRparatus. A
(6) Sheds and other detached buildings having an area not
exceeding 400 ft' 18.2.3.4.3.2 Turns in fire department access roads shall
18.2.3.1.4 When fire department access roads cannot be maintain the minimum road width.
installed due to location on property, topography, waterways, 18.2.3.4.4 Dead Ends.Dead-end fire department access roads
nonnegotiable grades,or other similar conditions,the AHJ shall in excess of 150 ft (46 m) in length shall be provided with
be authorized to require additional fire protection features, approved provisions for the fire apparatus to turn around.
M 18.2.3.2 Access to Buildings and Facilities, 19.2.3.4.5 Bridges.
A 18.2.3.2.1 A fire department access road shall extend to within 18.1.3.4.5.1 When a bridge is required to be used as part of a
50 ft(15 m)of at least one exterior door that can be opened from fire department access road, it shall be constructed and
the outside and that provides access to the interior of the building. maintained in accordance with nationally recognized standards,
18.2.3.2.1.1 Where a one- or two-family dwelling, or 18,2,3,4.5.2 The bridge shall be designed for a live load
townhouse, is protected with an approved automatic sprinkler sufficient to carry the imposed loads of fire apparatus.
system that is installed in accordance with NFPA 13D or NFPA 18,2.3.4.5.3 Vehicle load limits shall be posted at both
13R,as applicable,the distance in 18.2,3.2.1 shall be permitted entrances to bridges,where required by the AHJ.
to be increased to 150 ft(46 m), 18.2.3.4.E Grade,
18.2.3.2.2 Fire department access roads shall be provided such
that any portion of the facility or any portion of an exterior wall 18.2.3.4.6.1 The gradient for a fire department access road shall
of the first story of the building is located not more than 150 ft not exceed the mwdmuin appteyed. 100/6, unless approved in M
(46 m) from fire department access roads as measured by an writing by the AHJ. . A
approved route around the exterior of the building or facility. 18.2,3.4,6.2* The angle of approach and departure for any
18.2.3.2.2.1 When buildings are protected throughout with am means of fire department access road shall not exceed 1 ft drop
approved automatic sprinkler system that is installed in in 20 ft(0.3 m drop in 6 m)or the design limitations of the fire
M accordance with NFPA 13 �" tan ,._ cairn" sen
A apparatus of the fire department,and shall be subject to approval
0-A by the AHJ.
M "'cam7 m).—She distancg in 18.2.3.2.2 shall be permitted to be
18.2.3.4.6.3 Fire department access roads connecting to
A increased to 250 feet, roadways shall be provided with curb cuts extending at least 2 ft
18.2.3.3 Multiple Access Roads, More than one fire (0.61 m)beyond each edge of the fire lane,
department access road shall be provided when it is determined 18.2,3,4.7 Traffic Calming Devices. The design and use of
by the AHJ that access by a single road could be impaired by traffic calming devices shall be approved by the AHJ.
vehicle congestion, condition of terrain, climatic conditions,or
other factors that could limit access. 18.2.3.4.8 Travel in She Opposing Lane,The use of the opposite M
18.2.3.4 Specifications, travel lane is prohibited in the design of all new fire ARRaratus A
18.2.3.4.1 Dimensions, access roads. M
18.2.3.4.1.1 Fire department access roads shall have an 18.2.3.5 Marking of Fire Apparatus Access Read,
M unobstructed width of not less than 20 ft(6.1 m).Fire departnent 18.2.3.5.1 Where required by the AHJ, approved signs,
A access roads constructed in the boulevard-style shall be allowed approved roadway surface markings,or other approved notices
M where each lane is less than 20 feet but not less than ten feet when shall be provided and maintained to identify fire department
A they do not provide access to a building or structure access roads or to prohibit the obstruction thereof or both.
18.2.3.4.1.2 Fire department access roads shall have an
unobstructed vertical clearance of not less than 13 ft 6 in. (4.1 18.2.3.5.2 A marked fire apparatus access road shall also be
m). known as a fire lane.
18.2.3.4.1.2.1 Vertical clearance shall be permitted to be
reduced,provided such reduction does not impair access by fire
l
NFPA and National Fire Protection Association are registered tmdema&s of the Nations)Fire Protection Association,Quincy,Massachusetts 02169
I
1-166 MASSACHUSETTS COMPREHENSIVE FIRE SAFETY CODE
18.2.4*Obstruction and Control of Fire Department Access M
Road, determined by the AM A
18.2.4.1 General. M
18.2.4.1.1 The required width of a fire department access road an fire flow M
shall not be obstructed in any manner,including by the parking A
of vehicles. 1 1 and seibaelffi-.
18.2.4.1.2 Minimum required widths and clearances established M
under 18.2.3.4 shall be maintained at all times. by the APJ where eanditiens indiems an unusual suseep6bility A
18.2.4.1.3* Facilities and structures shall be maintained in a M
manner that does not impair or impede accessibility for fire A
department operations. eensideretiee. M
18.2.4.1.4 Entrances to fire department access roads that have 18A.4 Fire Clow Area. A
been closed with gates and barriers in accordance with 18,4,q�� area A
18.2.4.2.1 shall not be obstructed by parked vehicles. Kea Of 811 ROOF 18WIS Of 0 Wilding exeep4 as madified in M
18.2.4.2 Closure ofAccessways. 1814,444. A
18.2.4.2.1 The AFU shall be authorized to require the �peoa, M
installation and maintenance of gates or other approved A
barricades across roads,trails,or other accessways not includingeanstruct be e area,OP*o4ne—largest M
public streets,alleys,or highways. sueeesske Aesrs A
18.2.4.2.2 Where required,gates and barricades shall be secured 18.4,5 Fire Flow Requirements or Buildings. M
in an approved manner.M A M
A A
shall net be trespassed upen or used unless authed;!ed by ih one and two fea —.g a fife flow area that does so A e*eeed 9000-te. 3-m M
1 A
M M
A A
M 1812.4.2.1. '`ed- M
A 1 A
MrequiredpereemM
A depagment eF by its Order Of UR&F its seniml shall no! be shall be permitted when the building jr, sepefaied from other' A
M , i
A vandalized in any neF. 18 A[1 3 The -eduef'en in 19 A [ 1 1 1 And- _hall A
A , tlitain ee es umia) A
M 1°�-.�,2—Fire-Aew-an M
A A
M 334-5 we less
� -ff''�sheN- e M
A18AP An life flow fat: A
MwWeh Maltia M
Abuilding
M red water s„pply SP, ��; M
39442 Buildings Other Than One and Two Famay
A M AMA
buildings edwetling&-shall4w-as A
M >
1 RequiFed fire Now shall be redueed
MA AM MA AM
75 resu He!ag OW M
A buildings heFeeftef constFueIed OF meved into 4he ilffisdistion A
M
ims
AAMAM
16 M
buildings: 6pfi djeFs-daraegheut- e resulting fire shall l M A
Reeliaia 18.4 She]! Bell other then suiemaiis
en
M
M 18.4.3-3A4adii;eafees. A
A M
M to be deer-eased by the A14J for isolated buildings,or a gfemp a eapable aPdoliyefing the larger Ofthe indiyidual derelind.4 A
A b4ldi e M
C
2012 Edition See Pare 1-11 IMPORTANT NOTE and Front Page regard=DIselohner Nollees
COMBUSTIBLE WASTE AND REFUSE 1-167
18.5 Fire Hydrants, extinguishment can be accomplished before compacting,
j` 18.5.1* The number and type of fire hydrants and connections covering, or other disposal activity is carried out. (See Section
to other approved water supplies shall be capable of delivering 10.11 for additional gnldance)
the required fire (low and shall be provided at approved 19.1.6 Electrical Wiring.
locations. 19.1.6.1 Electrical wiring and equipment in any combustible
18.5.2 Fire hydrants and connections to other approved water fiber storage room or building shall be installed in accordance
supplies shall be accessible to the fire department. with the requirements of Section 11.1 and NFPA 70,National
18.5.3 Clear Space Around Hydrants. A 36 in. (914 rum) Electrical Code,for Class M.hazardous locations.
clear space shall be maintained around the circumference of fire 19.1.6.2 The AHJ shall be responsible for designating the areas
hydrants except as otherwise required or approved. that require hazardous location electrical classifications and
18.5.4 Private water supply systems shall be tested and shall classify the areas in accordance with the classification
maintained in accordance with NFPA 25. system set forth in NFPA 70.
18.5.5 Where required by the AHJ, fire hydrants subject to 19.1.7 No Smoking.
vehicular damage shall be protected unless located within a
public right of way, 19.1.7.1 No smoking or open flame shall be permitted in any
18.5.6 Where water supplies or fire hydrants are out of service area where combustible fibers are handled or stored or within 50
for maintenance or repairs,a visible indicator acceptable to the R(15 m)of any uncovered pile of such fibers.
AHJ shall be used to indicate that the hydrant is out of service. 19.1.7.2 "No Smoking'signs shall be posted.
M 48,SI—AlafWng efRydF-anis. 19.1.8 Vehicles or Conveyances Used to Transport
MCombustible Waste or Refuse.
A Am-, 19.1.8.1 Vehicles or eonwyanoes used to transport combustible%taste or
M refuse over public thoroughlim shall have all cargo space covered and
A ether-d maintained tight enough to ensue against ignition from external in
M required eANh sources and the scattering of btmting and combustible debris that ran come
A in contact with ignition sources.
A 19.1.8.2 Tr tmsporting burning mwte or refuse shall be prohibited
19.1.83 Trucks or automobiles, other than mechanical handling
Chapter 19 Combustible Waste and Refuse equipment mid approved industrial trucks as listed in NFPA 505,Fire
Safely Skvrkvd for Paivemd hdurrilal Tnds Mdrding Type
19.1 General. D-gnXiong Arras of Use,t:0mv5i0)L%Maiwwancr�and Operalong
19.1,1 Permits, Permits, where required, shall comply with shall not enter any fiber storage room or building but shall be pemritted to
Section 1.12. be used at loading platforms
19.1.2 Persons owning or having control of any property shall 19.2 Combustible 1Vaste and Relirse.
not allow any combustible waste material to accumulate in any 19.2.1 Rubbish Containers.
area or in any manner that creates a fire hazard to fife or
property. 192.1.1 General.Rubbish containers kept outside of rooms or vaults
19.1.3 Combustible waste or refuse shall be properly stored or shall not exceed 40.5ft 3(1.15m�capacity.
disposed of to prevent unsafe conditions. 19.2.1.1.1 Containers exceeding a capacity of Stir R'[40 gal(0.15 m�]
19.1.4 Fire extinguishing capabilities approved by the AHJ shall be provided with lids.
including,but not limited to,fire extinguishers,water supply and
hose, and earth-moving equipment shall be provided at waste 19.2.1.1.2 Such containers and lids as described in 19.2.1.1.1
disposal sites. shall be constructed of noncombustible materials or nonmetallic
19.1.5 Burning debris shall not be dumped at a waste disposal materials complying with 19.2.1.2.
site except at a remote location on the site where fire 19.2.1.2 Nonmetallic Containers.
extinguishment can be accomplished before compacting, 19.2.1.2.1*Nonmetallic rubbish containers exceeding a capacity
covering, or other disposal activity is carried out. (See Section 10.11 for additlonal giddance.) of 51/3 Rr[40 gal(0.15 mr)]shall be manufactured of materials
19.1.6 Electrical Wiring, having a peak rate of heat release not exceeding 300 kW/mI at a
19.1.6.1 Electrical wiring and equipment in any combustible flux of 50 kW/m2 when tested in the horizontal orientation,at a
fiber storage room or building shall be installed in accordance thickness as used in the container but not less than of 0.25 in.(6
with the requirements of Section 11.1 and NFPA 70,National mm), in accordance with ASTM E 1354, Test Method for Heat
Electrical Code,for Class Ill hazardous locations. and Visible Smoke Release Rates for Materials and Products
19.1.3 Combustible waste or refuse shall be properly stored or Using an Oxygen Consumption Calorimeter, or NFPA 271,
disposed of to prevent unsafe conditions. Standard Method of Test for Heat mid Visible Smoke Release
19.1.4 Fire extinguishing capabilities approved by the AHJ Rates for Materials and Products Using an Oxygen
including,but not Ilmited to,fire extinguishers,water supply and Consumption Calorimeter.
hose, and earth-moving equipment shall be provided at waste
disposal sites.
19.1.5 Burning debris shall not be dumped at a waste disposal
site except at a remote location on the site where fire
NFPA and National Fire Protection Association are registered trademarks of the National Fire Protection Association.Quincy,Massachusetts 02169
1-168 MASSACHUSE17S COMPREHENSIVE FIRE SAFETY CODE
Table 18.4.5,1.2 Minimum Required Fire Flow and Flow Duration for Buildings
Fire Flow Area ft'(X 0.0929 for m') l
I(443),I(332), IV(2BI1), Fire Flow gpmt(x Flow Duration
II(222)' II 111,III 211 • V(111), II(000),I1I 200• V(000)' 3.785 for Lmin) hours
0-22,700 0-12,700 0-8200 0-5900 0-3600 1500
22,701-30,200 12,701-17,000 8201-10 900 5901-7900 3601-4800 1750
30,201-38,700 17,001-21,800 10,901-J2,900 7901-9800 4801-6200 2000 2
38,701-48,300 21,801-24,200 12,901-17,400 9801-12,600 6201-7700 2250
48,301-59,000 24,201-33,200 17,401-21,300 12,601-15,400 7701-9400 2500
59,001-70,900 33,201-39,700 21,301-25,500 15,401-18,400 9401-11,300 2750
70,901-83,700 39,701-47,100 25,501-30,100 18,401-21,800 11,301-13,400 3000
83,701-97,700 47,101-54,900 30,101-35,200 21,801-25,900 13,401-15,600 3250 3
97,701-112.700 54,901-63,400 35,201-40,600 25,901-29,300 15,601-18,000 3500
112,701-128,700 63,401-72,400 40,601-46,400 29,301-33,500 18,001-20,600 3750
128,701-145,900 72,401-82,100 46,401-52,500 33,501-37,900 20,601-23,300 4000
145,901-164,200 82,101-92,400 52,501-59,100 37,901-42,700 23,301-26,300 4250
164,201-183,400 92,401-103,100 59,101-66,000 42,701-47,700 26,301-29,300 4500
183,401-203,700 103,101-114,600 66,001-73,300 47,701-53,000 29,301-32,600 4750
203,701-225,260 114,601-126,700 73,301-81,100 53,001-58,600 32,601-36,000 5000
225,201-247,700 126.701-139,400 81,101-89,200 58,601-65,400 36,001-39,600 5250
247,701-271,200 139,401-152,600 89,201-97,700 65,401-70,600 39,601-43,400 5500
271,201-295,900 152,601-166,500 97,701-106,500 70,601-77,000 43,401-47,400 5750
Greater than 295,900 Greater than 166,500 106,501-115,800 77,001-83,700 47,401-51,500 6000 4
115,801-125,500 83,701-90,600 51,501-55,700 6250
125,501-135,500 90,601-97,900 55,701-60,200 6500
135,501-145.800 97,901-106,800 60,201-64,800 6750
145,801-156,700 106,801-113,200 64,80149,600 7000 �.
156,701-167,900 113,201-121,300 69,601-74,600 7250
167,901-179,400 121,301-129,600 74,601-79,800 7500
179,401-191,400 129,601-138,300 79,801-85,100 7750
Greater than Greater than 138,300 Greater than 8000
191,400 85,100
'Types of construction are based on NFPA 220.
tMeasured at 20 psi(139.9 kPa).
2012 Edlllon See Page 1-11 MITORTANT NOM and Front Page regarding Mdalmer Nollees \