REGISTRATION OF LABORATORIES.

Boston Municipal Code ch. XI, art. 11-5C

in effect

Boston Municipal Code § 11-5C.1 Purpose.

11-5C.1 Purpose. As a commonwealth, regional, national and international medical, educational and commercial center, the city is home to over 5,000 laboratories advancing cutting edge technologies and techniques that seek to benefit the residents of the city, the residents of the commonwealth and the United States and the population of the world. In this pursuit, however, many laboratories utilize or generate radioactive, infectious, toxic, hazardous or noxious substances, chemicals or conditions. These substances, chemicals or conditions have the latent and actual capacity to inflict grave harm upon people ill-equipped to manage their harmful conditions in the event of a public health or public safety emergency. The primary responders (for example, BFD, BPD and/or EMS) do not currently have information that may prove critical to their emergency response—they do not know where all of the laboratories are located in the city and they do not know what is contained within these laboratories. These Sections, by requiring registration of laboratories and inspections of laboratories, will, once fully implemented, ensure that the public safety and public health personnel have the information that they need to adequately, effectively and safely respond to any emergencies occurring within laboratories in order to protect the welfare of the laboratory, the neighborhood and the greater population. (CBC 1985 11-5C.1;Ord. 2006 c. 4)

Boston Municipal Code § 11-5C.2 Definitions.

11-5C.2 Definitions. For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Unless specifically indicated otherwise, the definitions contained in Sections 11-4, 11-5 and 11-5A shall apply and control in these Sections. CITY. The City of Boston. COMMISSIONER. The Commissioner of the Boston Fire Department. LABORATORY. A building, room or workplace designed and/or used for the development, conduct or observation of scientific, including, but not limited to, the medical, chemical, physical or biological disciplines, experimentation or research, including non-routine testing, analysis, experimentation or other similar activities that involve the use or storage of hazardous materials as defined by Section 20.02(C) of the Boston Fire Department Fire Prevention Code. Specifically excluded from this definition are classroom laboratories, dark rooms, autoclave rooms, pharmacies, drug stores, physician’s offices or the offices of other direct-care health care providers, hospital or health care dispensaries or other facilities providing medication directly to patients. LABORATORY FACILITY. A building or a portion of a building containing one or more laboratories operated by a single owner-operator. No laboratory facility may be comprised of more than one building or physical address. OWNER. A person or entity that owns a laboratory or a laboratory facility. OWNER-OPERATOR. A person or entity that operates a laboratory and shall include an owner-operator’s duly authorized Agent. (CBC 1985 11-5C.2; Ord. 2006 c. 4)

Boston Municipal Code § 11-5C.3 Registration and Database.

11-5C.3 Registration and Database. (A) (1) On or after January 1, but no later than April 1 of every calendar year subsequent to the year of a laboratory’s or a laboratory facility’s initial registration, every owner-operator shall register with the Commissioner each and every laboratory or laboratory facility of the owner-operator which shall include the most current information available to the owner-operator, but in no event shall that information be less recent than December 31 of the prior calendar year. The Commissioner shall prepare the forms for registration which shall require the owner-operator to identify: (a) The name and contact information of the owner-operator; (b) The physical address of each and every laboratory facility of the owner-operator; and (c) The names and contact information of one or more emergency coordinator(s) for each laboratory facility location. (2) The forms for registration shall require the owner-operator to certify that the laboratory facility is in compliance with Boston Fire Prevention Code 86-1 with respect to the posting of signage for the identification of hazardous materials located within a laboratory and a laboratory facility. The forms for registration shall require the owner-operator to certify that it has adopted an internal set of written policies, practices and/or procedures to ensure compliance with these Sections. (B) The emergency coordinator identified in the registration may be a 24 hour per day, seven days per week, 365 days per year operations center of the owner-operator; provided that the operations center has 24 hour per day, seven days per week, 365 days per year access to an individual with proficiency and knowledge of the facilities and operations in the laboratory or laboratory facility related to the requirements of these Sections. (C) All registration forms shall be completed by the owner-operator of the laboratory or laboratory facility and executed by the owner-operator under the pains and penalties of perjury. (D) The Commissioner may develop and provide a process for an electronic method of registration by owner-operators. (E) For public safety purposes only, the Commissioner shall, on or before July 1 of every calendar year, prepare a database of the information collected pursuant to the registration of laboratories and/or laboratory facilities which shall be accessible by the Boston Fire Department, the Boston Police Department, the Boston Public Health Commission, the Boston Emergency Medical Services, the Boston Emergency Management Agency and the Inspectional Services Department and which shall be added to the city’s Public Safety Computer-Aided Dispatch (“CAD”) System. The Commissioner shall make a hard copy of this database available to its district stations. (F) As long as they are located within the same building and at the same physical address, an owner-operator may elect to aggregate laboratories into a laboratory facility for purposes of these Sections. In no event may a laboratory or a laboratory facility include laboratories or laboratory facilities that are not in the same building and at the same physical address. (CBC 1985 11-5C.3; Ord. 2006 c. 4)

Boston Municipal Code § 11-5C.4 Boston Fire Prevention Code.

11-5C.4 Boston Fire Prevention Code. Each laboratory and/or laboratory facility shall comply with Boston Fire Prevention Code 86-1, as it may be revised or replaced, with respect to the posting of signage for the identification of hazardous materials located within the laboratory and/or laboratory facility. (CBC 1985 11-5C.4; Ord. 2006 c. 4)

Boston Municipal Code § 11-5C.5 Emergency Data and Response Plans.

11-5C.5 Emergency Data and Response Plans. (A) The owner-operator of each laboratory and/or laboratory facility shall maintain hard copy or soft copy of information, or the means to immediately obtain the information, at the laboratory or laboratory facility that, in an emergency, shall be immediately available to the owner-operator and to the first responders such as the Boston Fire Department, the Boston Police Department or Emergency Medical Services, as well as other local, commonwealth, regional or federal public health or public safety Agencies that may be required to respond to an emergency or incident at a laboratory or a laboratory facility and that includes, at a minimum, the following: (1) Floor plans or other means or materials to assist first responders in locating laboratories within a laboratory facility; (2) Name and contact information of at least one emergency coordinator for the laboratory or laboratory facility who is knowledgeable about the nature of the operations and/or the hazards that may be located or who has immediate access to a person who is knowledgeable about the nature of the operations and/or the hazards that may be located in the laboratories located within the laboratory facility; (3) Access cards and/or keys to all laboratories in the laboratory facility; and (4) Any additional information reasonably requested by the Boston Fire Department during its pre-incident planning process with the owner-operator to identify the means by which a first responder may obtain information about special or unique hazardous materials that might be present in specific laboratories, including material safety data sheet access instructions for those materials where an emergency response may require unique protection of person or property. (B) The Commissioner is authorized to augment this list through the promulgation of regulations upon consultation with the technical advisory group appointed pursuant to these Sections. (CBC 1985 11-5C.5;Ord. 2006 c. 4)

Boston Municipal Code § 11-5C.6 Inspections.

11-5C.6 Inspections. (A) In order to ensure that the public health and the public safety are protected and the city first responders are protected from the potential hazards that may be posed by laboratories and/or laboratory facilities, on or before the first anniversary of the passage of these Sections and subsequent to analysis of the information collected through the registration processes required by these Sections, the Commissioner shall implement a program of inspection of laboratories and/or laboratory facilities. At the discretion of the Commissioner, this programmatic inspection may require full physical inspections of the laboratories and/or laboratory facilities or may require only inspection of the laboratories’ or laboratory facilities’ compliance with the registration requirements, emergency preparedness including, but not limited to, the information required to be readily available to first responders, and signage. (B) The Commissioner may collaborate and cooperate with the Commissioner of the Inspectional Services Department in developing a program of inspections. (C) If any owner-operator knowingly impedes, inhibits, interferes with, restricts or obstructs entry and free access to the laboratory and/or the laboratory facility for the purposes delineated in these Sections, then the Commissioner and/or the Commissioner of the Inspectional Services Department may seek in a court of competent jurisdiction an inspection warrant that allows for the inspection of the site and apprises said owner-operator concerning the nature of the inspection, the scope of the inspection, the justification for the inspection and may seek the assistance of the law enforcement community in presenting said warrant. (D) If any person knowingly impedes, inhibits, interferes with, restricts or obstructs entry and free access to the laboratory and/or the laboratory facility for the purposes delineated in these Sections, then the Commissioner or the Commissioner of the Inspectional Services Department may seek in a court of competent jurisdiction an inspection warrant that allows for the inspection of the site and apprises said person or other person concerning the nature of the inspection, the scope of the inspection, the justification for the inspection and may seek the assistance of the law enforcement community in presenting said warrant. (CBC 1985 11-5C.6; Ord. 2006 c. 4)

Boston Municipal Code § 11-5C.7 Registration and Inspection Guide.

11-5C.7 Registration and Inspection Guide. (A) The Commissioner and the Commissioner of the Inspectional Services Department shall prepare for public distribution a guide of not more than two pages which summarizes the registration and inspection requirements. The requirements of this Section may be satisfied through the publication or presentation of the guide in a downloadable format on the city’s website. Each and every owner-operator shall ensure that a hard copy of this guide is posted at all times in the laboratory facility in a place clearly visible to all persons employed by or working in the laboratory facility. An owner-operator may supplement this posting requirement through electronic distribution or electronic posting of this guide and such methods may substitute for the physical posting only with the approval of the Commissioner and the Commissioner of the Inspectional Services Department. (B) Each and every owner shall annually supply hard copy of the registration and inspection guide to each and every laboratory in each and every laboratory facility owned by the owner. (CBC 1985 11-5C.7; Ord. 2006 c. 4)

Boston Municipal Code § 11-5C.8 Registration Fee.

11-5C.8 Registration Fee. (A) The annual registration fee shall be derived according to total area of the laboratory or laboratory facility submitting the registration as follows: (1) A laboratory or laboratory facility with one square foot to 25,000 square feet shall remit $650; (2) A laboratory or laboratory facility with 25,001 square feet to 100,000 square feet shall remit $800; (3) A laboratory’ or laboratory facility with 100,001 square feet to 250,000 square feet shall remit $975; and (4) A laboratory or laboratory facility with 250,001 square feet or more shall remit $1,300. In no event, however, shall any single owner-operator pay more than $6,500 to register a laboratory, laboratory facility or number of laboratory facilities pursuant to this Section. (B) The fee for registration of a laboratory or a laboratory facility shall be remitted by the owner- operator at the time of registration. The fee is intended to generate enough revenue to ensure that the costs of implementation and continuation of this registration program are wholly covered by the registration fees. (CBC 1985 11-5C.8; Ord. 2006 c. 4; Ord. 2016 c. 9 § 64)

Boston Municipal Code § 11-5C.9 Violations, Penalties and Enforcement.

11-5C.9 Violations, Penalties and Enforcement. (A) Violations of these Sections specifically include, but are not limited to: (1) The failure to register in accordance with these Sections; (2) The failure to maintain a complete emergency data and response plan in accordance with these Sections; (3) The failure to post a guide in accordance with these Sections; (4) The failure to comply with any other requirement of these Sections; and (5) The interference with an inspection. (B) The Commissioner and the Commissioner of the Inspectional Services Department shall have the authority to seek an injunction from a court of competent jurisdiction directing the owner-operator to comply with the requirements of these Sections. (C) Each and every violation of this Section shall be punishable by a fine of not less than $50 and not more than $300 and these fines shall supplement any other fines promulgated in the General Laws of the commonwealth, the Code of Massachusetts Regulations and this code. Each and every day that a violation remains shall constitute a separate violation. (D) The provisions of M.G.L. Chapter 40, Section 21D may be used to enforce these Sections. (E) The Commissioner and the Commissioner of the Inspectional Services Department shall have the authority to delegate enforcement of these Sections to any City Department authorized to enforce public safety, public health or environmental rules, regulations, ordinances and/or statutes. (F) Nothing in these Sections shall prohibit the Commissioner or the Commissioner of the Inspectional Services Department from issuing written warnings to an owner-operator or any other person or entity. For the purposes of this Section, the Commissioner and the Commissioner of Inspectional Services Department may not issue more than two warnings for the same violation in a laboratory and/or laboratory facility to any owner-operator, person or entity. (G) The Commissioner and the Commissioner of Inspectional Services Department may commence an action in the Courts of the commonwealth for violations that remain uncorrected for more than 30 calendar days and for fines that remain unpaid for more than 60 calendar days. (CBC 1985 11-5C.9; Ord. 2006 c. 4)

Boston Municipal Code § 11-5C.10 Technical Advisory Committee.

11-5C.10 Technical Advisory Committee. The Commissioner shall appoint 12 people to a Technical Advisory Committee (“TAC”) that shall be composed of six representatives of the research laboratory community and six public officials. The TAC shall meet at least twice annually to promote the understanding of hazards and mitigation measures in the laboratory environment, to exchange best practices in laboratory operations, to promote consistent application of the requirements of these Sections and to devise the parameters and execution of the programmatic inspections anticipated by these Sections. (CBC 1985 11-5C.10; Ord. 2006 c. 4)

Boston Municipal Code § 11-5C.11 Regulatory Authority.

11-5C.11 Regulatory Authority. The Commissioner and the Commissioner of the Inspectional Services Department shall have the authority to promulgate rules and regulations necessary to implement and enforce these Sections and shall consult with the Technical Advisory Committee appointed pursuant to these Sections. (CBC 1985 11-5C.11; Ord. 2006 c. 4)

Boston Municipal Code § 11-5C.12 Severability.

11-5C.12 Severability. If any provision of these Sections shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect. (CBC 1985 11-5C.12; Ord. 2006 c. 4)

Boston Municipal Code § 11-5C.13 Implementation.

11-5C.13 Implementation. (A) The Commissioner and the Commissioner of Inspectional Services shall prepare and promulgate the documents and forms required by these Sections within 90 calendar days of passage. (B) Each and every owner-operator shall submit the registration materials required by these Sections within 90 calendar days of promulgation of documents and forms by the Commissioner and the Commissioner of Inspectional Services. (CBC 1985 11-5C.13; Ord. 2006 c. 4)

Source: City of Boston, Massachusetts, Boston Municipal Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/boston/latest/boston_ma/0-0-0-8158Fetched: 11/8/2026