M.G.L. c. 22D, § 1 Establishment of department
c. 22D, § 1. Establishment of department
Section 1. There shall be within the executive office of public safety a department of fire services under the supervision and control of a state fire marshal.
DEPARTMENT OF FIRE SERVICES
M.G.L. pt. Part I, tit. Title II, ch. c. 22D
in effectM.G.L. c. 22D, § 2 Administration; divisions
c. 22D, § 2. Administration; divisions
Section 2. The state fire marshal shall be the executive and administrative head of the department. There shall be within the department, a division of training, including the Massachusetts fire training council, established by section one hundred and sixty-four of chapter six, the Massachusetts firefighting academy, established by section one hundred and sixty-five A of said chapter six; a division of fire safety under the charge of a director to be known as the director of fire safety; and a division of hazardous materials under the charge of a director to be known as the director of hazardous materials, the director of hazardous materials shall administer the regional hazardous material response teams.
M.G.L. c. 22D, § 3 Appointment and classification of state fire marshal
c. 22D, § 3. Appointment and classification of state fire marshal
Section 3. The state fire marshal, or his successor, shall be appointed by the Massachusetts fire service commission, established in section one hundred and sixty-five B of chapter six and shall serve at the pleasure of said commission. The position of state fire marshal shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty and the state fire marshal shall devote his full time during business hours to the duties of his office.
M.G.L. c. 22D, § 4 Board of fire prevention regulations
c. 22D, § 4. Board of fire prevention regulations
Section 4. There shall be in the department, but not under the control of the state fire marshal except as provided under rules and regulations promulgated pursuant to the provisions of section ten of chapter one hundred and forty-eight, a board to be known as the board of fire prevention regulations, which shall consist of the state fire marshal, ex-officio, who may designate from time to time a person serving in the department to act temporarily as a member of such board, with the same powers and duties as other members of said board, the commissioner of the Boston fire department, ex-officio and 14 members to be appointed by the governor, for terms of six years each. Three of the members shall be the head of a fire department, as such term is defined in section one of chapter one hundred and forty-eight, one of whom shall be from a community with a population of less than twenty-five thousand, one of whom shall be from a community with a population of more than twenty-five thousand but less than fifty thousand, and one of whom shall be from a community with a population in excess of fifty thousand; provided, however, that the Fire Chiefs' Association of Massachusetts may recommend to the governor such heads of fire departments for such membership. The remaining 11 members shall be appointed as follows: one shall be a member of the Massachusetts Fire Prevention Association, one shall be registered professional fire protection engineer as provided in chapter one hundred and twelve, one shall be a registered professional chemical engineer as provided in chapter one hundred and twelve, one shall be a registered professional mechanical engineer as provided in chapter one hundred and twelve, one shall be a registered professional electrical engineer as provided in chapter one hundred and twelve, one shall be a person representative of the public, one shall be a graduate chemist with fire testing experience and a full member of a national organization of chemists, one shall be an inspector of wires who holds an electrician's license under chapter one hundred and forty-one and has been an inspector of wires under the provisions of chapter one hundred and sixty-six for a period of not less than ten years, one shall be a representative of a national, regional or state association of the blasting industry who shall have been actively engaged for a period of not less than ten years in the keeping, storage, use, handling or transportation of explosives, 1 shall be an inspector of buildings in a city or town and one shall be an electrical contractor who has held a master electrician's license under chapter one hundred and forty-one for a period of not less than ten years.
The governor shall from time to time designate one member of said board as chairman. Such chairman shall act as a nonvoting member of said board, except in the case of a tie vote.
Said board, subject to the provisions of chapter thirty A, shall promulgate a comprehensive fire safety code.
No member shall act as a member of the board or vote as such, in connection with any matter as to which his private right, distinct from the public interest, is immediately concerned.
The majority of said board may transact business but a lesser number may adjourn from time to time.
The fire marshal and the heads of fire departments shall receive no compensation for their service as members of the board but shall receive from the commonwealth all expenses necessarily incurred by them in connection with their official duties. All other members of said board shall each be paid thirty-one dollars and twenty-five cents for each day while in the actual performance of his duties as such member but such pay shall not exceed twelve hundred and fifty dollars in any fiscal year for each member and shall also receive from the commonwealth all expenses necessarily incurred by him in connection with his official duties as such member.
The board may, subject to appropriation and with the approval of the state fire marshal, employ an executive secretary who shall not be subject to the provisions of chapter thirty-one and may employ such clerical, technical and other assistants as may be required by said board.
M.G.L. c. 22D, § 5 Fire prevention regulations appeals board
c. 22D, § 5. Fire prevention regulations appeals board
Section 5. (a) There shall be a fire prevention regulations appeals board. The appeals board shall consist of the 16 members of the board of fire prevention regulations, established under section 4.
The chairman of the board of fire prevention regulations shall serve as the chairman of the appeals board.
The appeals board may, subject to appropriation and the approval of the state fire marshal, employ clerical, technical and other assistants as may be required by the appeals board.
(b) Whoever is aggrieved by any act, rule, order, directive, decision or requirement of any state or local official charged with the enforcement of the state fire code, relative to the fire protection requirements for buildings or structures, may appeal to the appeals board within 45 days following the service of notice of such act, rule, order, decision, requirement or directive. Appeals filed under this section shall be made on a form as prescribed or approved by the appeals board and shall be accompanied by a reasonable filing fee established by the appeals board. The keeper of the records, and any other person in possession or control of records related to an appeal, for the commonwealth, a city or a town shall, upon request of the appeals board, immediately transmit the records to the appeals board.
An appeal shall stay all proceedings in the furtherance of the action or failure to act which is the subject of the appeal, unless the state or local agency or person charged with the administration or enforcement of the state fire code or any of its rules and regulations presents evidence that a stay would cause imminent peril of life or property.
The chairman of the appeals board shall designate 3 members of the appeals board to hold public hearings, hear testimony and take evidence. The appeals board 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 hearings and a hearing shall take place not later than 60 days following the filing of an appeal, unless such time is extended by agreement with the appellant. The chairman shall give at least 10 days notice of the time and place of the hearing to all interested parties. Any party may appear in person, by agent or by attorney at the hearing.
The 3 members of the appeals board conducting the hearing shall decide the appeal and issue a written decision. Every decision shall require the concurrence of at least 2 of the 3 members and the written decision shall state findings of fact, conclusions and reasons for the decision and indicate the vote of each member participating in 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 a postponement of the application thereof, within 45 days following the hearing unless such time is extended by agreement with the appellant.
The appeals board may grant a variance from any provision of the state fire code and related rules and regulations in any particular case, determine the suitability of alternate materials or methods of compliance and provide reasonable interpretations of the state fire code consistent with the purpose thereof.
A record of all appeals board decisions and of votes thereunder, properly indexed, shall be maintained in the office of the department of fire services and shall be open to public inspection at all times during regular business hours.
M.G.L. c. 22D, § 6 Regional technical rescue services program; technical rescue regions; technical rescue coordinating council
c. 22D, § 6. Regional technical rescue services program; technical rescue regions; technical rescue coordinating council
Section 6. (a) The secretary of public safety and security and the state fire marshal, in consultation with the Professional Fire Fighters of Massachusetts and the Fire Chiefs' Association of Massachusetts, Inc., shall divide the commonwealth into technical rescue regions; provided that the secretary of public safety and security may amend the number of such regions as needed. Each technical rescue region shall provide for the organization and coordination of technical rescue services and training, the acquisition of technical rescue equipment and the receipt and distribution of funds.
(b) There shall be in the department of fire services, but not under its control, a technical rescue coordinating council that shall provide overall coordination of the technical rescue regions. The council shall consist of: the secretary of public safety and security or a designee; the state fire marshal or a designee; and 5 members to be appointed by the governor, 2 of whom shall be members of the Fire Chiefs' Association of Massachusetts, Inc., 2 of whom shall be members of the Professional Fire Fighters of Massachusetts and 1 of whom shall be selected from a list comprised of 1 nominee from each regional technical rescue region who is a member of a regional technical rescue team and selected by such team's leadership. The governor shall appoint members for a term of 3 years and any such member shall be eligible for reappointment. A person shall not receive compensation for service as a member of the council but may receive reimbursement for all expenses necessarily incurred in connection with the member's official duties.
The majority of the council shall constitute a quorum to conduct business but a lesser number may adjourn from time to time. The council shall annually elect a chair and vice-chair from among its members. The department of fire services may, subject to appropriation, furnish reasonable staff and other support for the work of the council.
(c) The council shall develop uniform standards, rules and procedures for the operation of a statewide regional technical rescue services program and shall assist in the coordination of all persons and agencies concerned with technical rescue services.
(d) The council shall establish cost recovery mechanisms for technical rescue services provided within a technical rescue region; provided, however, that there shall be no cost recovery if: (i) the party responsible for creating the need for technical rescue services is a resident of the commonwealth; (ii) the conduct that necessitated technical rescue services was not commercial in nature; and (iii) the conduct that necessitated technical rescue services was not unlawful or reckless.
(e) The council may collect funds on behalf of a technical rescue region and shall deposit said funds into the Technical Rescue Services Fund, established in section 2ZZZZ of chapter 29.
(f) A member of a regional technical rescue team performing official team duties, including, but not limited to, emergency response, rescue stand by, training, equipment maintenance and meetings, shall be considered to be on duty for the member's respective fire department and covered under section 111F of chapter 41 and any other law applicable to on-duty injury, illness or death of a firefighter.
(g) The department of fire services, in consultation with the technical rescue coordinating council, may promulgate regulations to implement this section.
Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter22DFetched: 10/20/2026