INSPECTION OF BOILERS, AIR TANKS, ETC. LICENSES OF ENGINEERS, FIREMEN, AND OPERATORS OF HOISTING MACHINERY

M.G.L. pt. Part I, tit. Title XX, ch. c. 146

in effect

M.G.L. c. 146, § 1 Definitions

c. 146, § 1. Definitions Section 1. The following words as used in this chapter, unless a contrary meaning is specifically prescribed or the context otherwise requires, shall have the following meanings: ''Board'', the board of boiler rules appointed under section ten of chapter twenty-two. ''Boiler'', A closed pressure vessel in which water is heated, steam is generated, steam is superheated or any combination thereof, under pressure or vacuum for use externally to itself by the direct application of heat from the combustion of fuel, or from electricity or nuclear energy. The term ''Boiler'' shall include fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves. ''Chief'', the chief of inspections of the department of fire services. ''Department'', the department of public safety. ''District engineering inspector'', an inspector of the division. ''Division'', the division of inspection of the department of fire services. ''Inspector'', a district engineering inspector of the division of inspection of the department of fire services, or an inspector of an insurance company authorized to insure steam boilers in the commonwealth. ''Pressure Vessel'', A vessel in which the pressure is obtained from an external source or by the application of heat from an indirect source or from a direct source, other than a vessel defined as a ''Boiler'' in this section.

M.G.L. c. 146, § 1A Inspectors; appointment; powers and duties; appointment as special state police; oath of office

c. 146, § 1A. Inspectors; appointment; powers and duties; appointment as special state police; oath of office Section 1A. Inspectors; appointment; powers and duties; appointment as special state police; oath of office (a) The state fire marshal shall appoint a chief of inspections, who shall not be subject to the provisions of chapter 31, who may be removed for cause, and the position of chief of inspections shall be classified in accordance with section 45 of chapter 30 and the salary shall be determined in accordance with section 46C of said chapter 30. The state fire marshal shall establish the requirements and qualifications for inspectors who are employed by the division of inspection and appointed pursuant to section 6 and shall have administrative responsibility over such inspectors. (b) The state fire marshal may appoint, transfer and remove inspectors, experts, clerks and other assistants. District engineering inspectors in the division of inspection shall not be subject to any civil service rules. The state fire marshal shall establish the requirements and qualifications for officers and inspectors appointed pursuant to this section. (c) All inspectors of the division of inspection in the department shall have and exercise throughout the commonwealth the powers of constables, police officers and watchmen, except as to the service of civil process. The governor may command their services in suppressing riots and in preserving the peace. The state fire marshal may request the colonel of state police to appoint such inspectors as special state police officers and invest them with such of the powers of the state police officers as said colonel may deem advisable. The state fire marshal, with the approval of the governor, may authorize the inspectors of the division to carry badges, revolvers, clubs, handcuffs and twisters, or such other articles as may be required in the performance of their duties. (d) Each inspector shall, before entering upon the performance of his duties, be sworn to the faithful performance thereof, and unless his oath of office is taken within 10 days after the date of his appointment, the appointment shall be void.

M.G.L. c. 146, § 2 Duties of board of boiler rules; rules in general; prescription of tests; form of certificate of inspection; assistance of attorney general

c. 146, § 2. Duties of board of boiler rules; rules in general; prescription of tests; form of certificate of inspection; assistance of attorney general Section 2. The board shall formulate rules or adopt rules formulated by a recognized engineering organization, for the construction, installation and inspection of steam boilers and power reactor vessels and piping as used in atomic energy installations and for ascertaining the safe working pressure to be carried therein; prescribe tests, if it deems it necessary, to ascertain the qualities of materials used in the construction of boilers, power reactor vessels and piping; formulate rules regulating the construction and sizes of safety valves for boilers of different sizes and pressures, appliances for indicating the pressure of steam and the level of water in the boiler or power reactor vessel, and such other appliances as the board may deem necessary to safety in operating steam boilers or power reactor vessels; and make a standard form of certificate of inspection. The attorney general shall assist the board in framing the rules. Such rules shall be transmitted to the state fire marshal and be by him filed in the office of the state secretary, and when so filed shall have the force of law.

M.G.L. c. 146, § 3 Changes in rules; hearings; notices

c. 146, § 3. Changes in rules; hearings; notices Section 3. The board shall hold public hearings annually on the first Thursday in May and November, and at such other times as it may determine, on petitions for changes in the rules formulated by it. If, after any such hearing, it shall deem it advisable to make changes in said rules, it shall appoint a day for a further hearing, and shall give notice thereof and of the changes proposed by advertising in at least one newspaper in each of the cities of Boston, Worcester, Springfield, Fall River, Lowell and Lynn, at least ten days before said hearing. If the board on its own initiative contemplates changes in said rules, like notice and a hearing shall be given and held before the adoption thereof.

M.G.L. c. 146, § 4 Effective date of changes in rules affecting construction of boilers; special type of boilers

c. 146, § 4. Effective date of changes in rules affecting construction of boilers; special type of boilers Section 4. Changes in the rules which affect the construction of new boilers shall take effect six months after their filing as provided in section two; provided, that the board may, upon request, permit the application of such change in rules to boilers manufactured or installed during said six months. When a person desires to manufacture a special type of boiler the design of which is not covered by the rules formulated by the board, he shall submit drawings and specifications of such boiler to said board, which, if it approves, shall permit the construction thereof.

M.G.L. c. 146, § 5 Enforcement of statutes and rules; entry of premises in pursuance of duties

c. 146, § 5. Enforcement of statutes and rules; entry of premises in pursuance of duties Section 5. The division shall enforce this chapter and the rules of the board except when otherwise provided. All inspectors of the division may enter any premises in the pursuance of their duty.

M.G.L. c. 146, § 6 Annual inspection; extension of time; first inspection

c. 146, § 6. Annual inspection; extension of time; first inspection Section 6. All steam boilers and their appurtenances except those specified in the following section shall be thoroughly inspected externally and internally at least once a year. Upon written application made to it by the owner or user of a pressure vessel or boiler, the board may, when the public interest and convenience require, extend the time for the making of such inspection for a period not to exceed six months as the board may determine. A district engineering inspector of the division of inspection of the department of fire services shall perform the first inspection of a pressure vessel required by this chapter.

M.G.L. c. 146, § 7 Boilers excepted from inspections

c. 146, § 7. Boilers excepted from inspections Section 7. The preceding section shall not apply to boilers of railroad locomotives, motor vehicles or steam fire engines brought into the commonwealth for temporary use in times of emergency, nor to boilers used in private residences, nor to those used for heating purposes which carry pressures not exceeding fifteen pounds to the square inch and have less than four square feet of grate surface, nor to boilers of not more than three horse power. The said section shall not apply to boilers under the jurisdiction of the United States nor to those used exclusively for horticultural or agricultural purposes.

M.G.L. c. 146, § 8 Necessity of inspection; issuance, display and accessibility of certificate

c. 146, § 8. Necessity of inspection; issuance, display and accessibility of certificate Section 8. No person shall operate or cause to be operated any boiler required by this chapter to be inspected until it has been inspected, and the certificate of inspection required by section twenty-three or twenty-five has been issued and so placed in the engine or boiler room of the plant as to be easily read, or in the case of a portable boiler kept with it and always accessible.

M.G.L. c. 146, § 9 Pressure; safety appliances

c. 146, § 9. Pressure; safety appliances Section 9. No person shall operate or cause to be operated any boiler required by this chapter to be inspected at pressures in excess of the safe working pressure ascertained by the rules of the board and stated in the certificate of inspection nor unless the boiler is equipped with such safety appliances as are prescribed by the board.

M.G.L. c. 146, § 10 Reports as to boilers not inspected by insurers

c. 146, § 10. Reports as to boilers not inspected by insurers Section 10. Whoever owns, or uses or causes to be used, any such boiler, unless the same is under the periodically guaranteed inspection of an insurance company authorized to insure boilers in the commonwealth, shall report in writing to the chief the location of such boiler, before the work of installation of such boiler is completed, and annually thereafter; provided, that the owner or user of an insured boiler shall report immediately in writing to the chief whenever the insurance company ceases for any cause to inspect the boiler.

M.G.L. c. 146, § 11 Inspections while boiler is being operated

c. 146, § 11. Inspections while boiler is being operated Section 11. All such boilers shall be inspected externally at least once each year when in operation, and the inspector shall observe the pressure of steam carried and the general condition of each boiler, and ascertain if the safety valve and the appliances for indicating the pressure of steam and level of the water in the boiler are in proper working order.

M.G.L. c. 146, § 12 Removing, tampering with or loading safety valve

c. 146, § 12. Removing, tampering with or loading safety valve Section 12. No person shall remove or tamper with any safety appliance prescribed by the board nor load the safety valve to a greater pressure than that allowed by the certificate of inspection.

M.G.L. c. 146, § 13 Persons authorized to inspect boilers

c. 146, § 13. Persons authorized to inspect boilers Section 13. The inspection of boilers and appurtenances shall be made by the division, under the supervision of the chief, or by inspectors of insurance companies authorized to insure steam boilers in the commonwealth; or, in the case of shop inspections in a boiler shop outside of the commonwealth, by such other inspectors holding a national board of boiler and pressure vessel inspectors commission as are approved by the chief of inspections.

M.G.L. c. 146, § 14 Inspectors of insurers; notice of cessation of employment

c. 146, § 14. Inspectors of insurers; notice of cessation of employment Section 14. Every insurance company, or a reinsurer, authorized to insure boilers and pressure vessels in the commonwealth and making inspections of such boilers and pressure vessels, shall have in its employ at least one inspector who holds a certificate of competency under section sixty-two and who resides in the commonwealth. When an inspector holding such a certificate ceases to be employed by an insurance company, it shall notify the state fire marshal, giving the reasons therefor.

M.G.L. c. 146, § 15 Non-certificated inspectors of insurers

c. 146, § 15. Non-certificated inspectors of insurers Section 15. No person shall act as an inspector of boilers for an insurance company unless he holds a certificate of competency under section sixty-two.

M.G.L. c. 146, § 16 Inspection certificate issued by insurer and signed by non-certificated inspector

c. 146, § 16. Inspection certificate issued by insurer and signed by non-certificated inspector Section 16. If any insurance company issues a certificate of inspection signed by an inspector who does not hold a certificate of competency, the state fire marshal may, if it is a domestic company, proceed against it under section six of chapter one hundred and seventy-five or may, if it is a foreign company, revoke or suspend its license under section five of said chapter.

M.G.L. c. 146, § 17 Reports by inspectors; recommendations

c. 146, § 17. Reports by inspectors; recommendations Section 17. The inspectors of the division shall make reports of all inspections and shall make such recommendations to the chief as they may deem expedient.

M.G.L. c. 146, § 18 Reports of inspections by insurers

c. 146, § 18. Reports of inspections by insurers Section 18. Every insurance company shall forward to the chief, within fourteen days after each inspection, reports of all boilers inspected by it. Such reports shall be made in a standard format that has been authorized and approved by the department, and shall contain all orders made by the company regarding such boilers.

M.G.L. c. 146, § 19 Reports of cancellation and refusal of insurance

c. 146, § 19. Reports of cancellation and refusal of insurance Section 19. Every insurance company shall report immediately to the chief the name of the owner or user and the location of every boiler required by this chapter to be inspected, upon which they have cancelled or refused insurance, giving the reasons therefor.

M.G.L. c. 146, § 20 Safety appliances for, and inspection of, heating boilers

c. 146, § 20. Safety appliances for, and inspection of, heating boilers Section 20. Boilers and their appurtenances used exclusively for heating purposes, which are not required by this chapter to be inspected, shall be provided with such safety appliances as shall be prescribed by the board, and the division shall inspect such boilers upon application of the owner.

M.G.L. c. 146, § 21 Preparation of boiler for inspection; notice; forbidding operation of boiler

c. 146, § 21. Preparation of boiler for inspection; notice; forbidding operation of boiler Section 21. The owner or user of a boiler required by this chapter to be inspected shall prepare the boiler for inspection as directed by the inspector. The inspector shall, if requested, give the owner or user at least fourteen days' notice to prepare a boiler for inspection; provided, that no notice shall be required of an external inspection under steam, nor if the boiler is being installed or has not been inspected within one year and a certificate of inspection issued. If, in the judgment of an inspector of the division, any such boiler or its appurtenances is in a defective or dangerous condition, he may immediately forbid the operation of the boiler, whether or not it is under the inspection of an insurance company; and no person shall again operate such boiler, or cause it to be operated, until a certificate of inspection has been issued by an inspector of the division.

M.G.L. c. 146, § 22 Fees; payment to commonwealth

c. 146, § 22. Fees; payment to commonwealth Section 22. The owner or user of a boiler inspected by the division shall pay to the state fire marshal, a fee, the amount of which shall be determined according to the provisions referred to hereunder, for each boiler internally and externally inspected and for each visit for external inspection under steam, and for each cast iron sectional boiler inspected. The owner of tanks containing fluids other than water, which are in excess of ten thousand gallons capacity shall pay to the state fire marshal a fee for the inspection of the plans, the construction, and the making of required tests of such tanks, a fee based on storage capacity of such tanks; provided further that a minimum fee shall also be established. The amounts of those fees referred to herein shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof. When repairs to such tanks are required, the same schedule of fees shall apply as for the original inspection. Such fees shall be payable in advance of any such inspection.

M.G.L. c. 146, § 23 Certificate of inspection; prerequisites; necessity

c. 146, § 23. Certificate of inspection; prerequisites; necessity Section 23. If upon inspection the district engineering inspector finds the boiler to be in safe working order with the fittings necessary to safely and properly set up the boiler and its appurtenances conform to the rules of the board, the department shall issue to the owner or user thereof a certificate of inspection stating the maximum pressure at which the boiler may be operated, as ascertained by the rules of the board, and thereupon such owner or user may operate the boiler mentioned in the certificate. If the district engineering inspector finds otherwise, the department shall withhold the certificate until the boiler and its fittings are put in a condition to ensure safety of operation and to ensure that the boiler and its appurtenances conform to the rules of the board and the owner or user shall not operate such boiler, or cause it to be operated, until such certificate has been granted.

M.G.L. c. 146, § 24 Numbering, stamping or tagging boiler; defacement or removal of number

c. 146, § 24. Numbering, stamping or tagging boiler; defacement or removal of number Section 24. Every boiler which has been inspected by the division shall be numbered either by stamping the number upon the boiler or by attaching a numbered metal tag by a seal or otherwise to the boiler or its fittings. No person except an inspector of the division shall deface or remove any such number or tag.

M.G.L. c. 146, § 25 Submission of information of boiler inspection by insurance company to department; issuance of certificate of inspection

c. 146, § 25. Submission of information of boiler inspection by insurance company to department; issuance of certificate of inspection Section 25. Insurance companies shall, after each internal and external inspection, if the boiler and its appurtenances conform to the rules of the board and if they deem the boiler to be in safe working condition otherwise, submit such information to the department. The department shall, upon receipt of the required fee, issue a certificate of inspection stating the maximum pressure at which the boiler may be operated as ascertained by the rules of the board.

M.G.L. c. 146, § 26 Insurance on non-certificated boiler; notice; inspection; boiler not conforming to rules

c. 146, § 26. Insurance on non-certificated boiler; notice; inspection; boiler not conforming to rules Section 26. If a boiler is insured which has not previously been inspected externally and internally and a certificate of inspection issued, the company so insuring shall forthwith notify the chief to that effect, and shall inspect such boiler internally and externally within one month after the insurance is effected. No insurance shall be effected on any boiler which does not conform to the rules of the board.

M.G.L. c. 146, § 27 Certificate of inspection; contents; display; accessibility

c. 146, § 27. Certificate of inspection; contents; display; accessibility Section 27. The certificate of inspection issued by the division, or by an insurance company, shall state the name of the owner or user, the location, size and number of the boiler, the date of inspection and the maximum pressure at which it may be operated, with the signature of the inspector, and shall contain such extracts from the statutes as shall be deemed necessary by the board. It shall be so placed in the engine or boiler room of the plant where the boiler is located as to be easily read, except that the certificate of inspection for a portable boiler shall be kept with it and shall be always accessible.

M.G.L. c. 146, § 29 Notification of defects

c. 146, § 29. Notification of defects Section 29. The owner or user of any boiler required by this chapter to be inspected shall immediately notify the division or the insurance company, if the boiler is insured, if a defect affecting the safety of the boiler is discovered.

M.G.L. c. 146, § 30 Expiration or cancellation of insurance

c. 146, § 30. Expiration or cancellation of insurance Section 30. If the insurance on any boiler required by this chapter to be inspected expires, or is cancelled because the insurers deem it unsafe to continue the operation thereof, the owner or user shall cease to operate it until it has been put in a safe condition, satisfactory to the insurers, or has been inspected by the division and a certificate of inspection has been issued.

M.G.L. c. 146, § 31 Hydrostatic pressure test

c. 146, § 31. Hydrostatic pressure test Section 31. If, in the judgment of the inspector of the division or of the insurance company, it is advisable to apply a hydrostatic pressure test to a boiler, the owner or user shall prepare the boiler for such test, as directed by the inspector of the division or by the insurance company.

M.G.L. c. 146, § 32 Prevention of entry on premises

c. 146, § 32. Prevention of entry on premises Section 32. No person shall prevent or attempt to prevent the chief or any inspector of the division from entering any premises on which a boiler is situated.

M.G.L. c. 146, § 33 Violation of statutes or rules

c. 146, § 33. Violation of statutes or rules Section 33. Whoever violates any provision of sections five to thirty-two, inclusive, or of the rules of the board shall be punished by a fine of not less than twenty nor more than five hundred dollars or by imprisonment for not more than six months, or both.

M.G.L. c. 146, § 34 Compressed air tanks; necessity of certificate of inspections; exceptions

c. 146, § 34. Compressed air tanks; necessity of certificate of inspections; exceptions Section 34. No person shall install or use, or cause to be installed or used, any tank or other receptacle for the storing of compressed air at any pressure exceeding 50 pounds per square inch, except when attached to locomotives or street or railway cars or trackless trolley vehicles, or to motor vehicles for use in operating such vehicles or their brakes or body-lifting apparatus unless the owner or user of such tank or other receptacle holds a certificate of inspection issued by the department, certifying that the tank or other receptacle has been duly inspected within the preceding 2 years, or unless the owner or user holds a policy of insurance upon the tank or other receptacle issued by an insurance company authorized to insure air tanks within the commonwealth, together with a certificate of inspection from the department. The provisions of this section shall not apply to any such tank or other receptacle used by divers if such tank or other receptacle is inspected by the refilling agency. This section shall be inapplicable in case of the installation or use of a receptacle temporarily holding oil and air and used for the purpose of lifting automobiles or operating hydraulic machinery, but only if said receptacle is approved by the board as being of a type which conforms to recognized standards of engineering practice as such standards apply to receptacles designed for such purpose and as meeting the requirements of regulations referred to in section thirty-five which regulations are hereby made applicable to such receptacles for this purpose. Portable tanks and bottles containing compressed air used for breathing purposes while combatting fires or used in rescue operations in contaminated areas; and storage tanks and mechanical filling systems used to fill such portable tanks and bottles shall be exempt from the provisions of this section; provided, that such tanks, bottles and mechanical filling systems bear the stamp of approval from the Interstate Commerce Commission or have been inspected and approved by an inspector of the division who is authorized to make such inspections. All such storage tanks and mechanical filling systems must meet recognized national standards of safety and purity; and provided, further, that such portable tanks and bottles must also be hydrostatically tested every five years as required by the department. Tanks used in and as part of electrical substations owned or operated by an electric company, as defined in section 1 of chapter 164, shall be exempt from this section if: the tanks bear the stamp of the American Society of Mechanical Engineers; the electrical substation is enclosed, locked and inaccessible to the public; and the tanks are inspected and maintained in accordance with industry standards as determined by the board of boiler rules.

M.G.L. c. 146, § 35 Regulations

c. 146, § 35. Regulations Section 35. The board shall prescribe regulations, conforming to recognized standards of engineering practice, for the size, shape, construction, gauges, operation, maximum pressure, safety devices, use of oil, and other appurtenances necessary for the safe operation of such tanks or other receptacles.

M.G.L. c. 146, § 36 Inspections

c. 146, § 36. Inspections Section 36. The division shall inspect at least once in two years all such tanks or other receptacles, except such as are covered by a policy of insurance and inspected by insurance inspectors as specified in section thirty-four.

M.G.L. c. 146, § 37 Notice of location of tanks

c. 146, § 37. Notice of location of tanks Section 37. Owners of such tanks or other receptacles shall notify the state fire marshal of the location thereof.

M.G.L. c. 146, § 38 Reports of inspections by insurers

c. 146, § 38. Reports of inspections by insurers Section 38. Every insurance company authorized to insure air tanks within the commonwealth shall forward to the state fire marshal, within fourteen days after each inspection of an air tank or other such receptacle, a report of such inspection. The reports shall be made on blanks approved by the division, and shall contain all orders and regulations made by the company regarding the air tanks or other receptacles so inspected.

M.G.L. c. 146, § 39 Inspection tests; preparation

c. 146, § 39. Inspection tests; preparation Section 39. The air tank or other receptacle shall be prepared for internal inspection by the owner or user. The inspection plugs, handhole plates and manhole plates if provided shall be removed. The interior shall be cleaned of rust, scale, oil sludge and any other deleterious material. Ultrasonic thickness determination shall be permitted in lieu of, or in conjunction with, internal inspection for air tanks or other receptacles of 36 inches diameter or less. Thickness measurements shall be made in at least 8 areas: 2 on each head and 2 on both the top and bottom portions of the shell. Thickness determinations indicating significant reduction in material thickness over a general area shall be shown on the inspection report, as well as calculations for the reduction in allowable working pressure. The authorized inspector's employer shall be responsible for the inspector's or the ultrasonic examiner's competency in the use of the ultrasonic thickness gauge and the examiner's signed report shall be attached to the authorized inspector's inspection report. A hydrostatic test shall be applied if required by the authorized inspector. The pressure applied during the test shall be equal to one and one half times the pressure allowed on the air tank or other receptacle. A hammer test may also be applied if there is no pressure on the tank or receptacle.

M.G.L. c. 146, § 40 Fees; payment to commonwealth

c. 146, § 40. Fees; payment to commonwealth Section 40. A fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven shall be paid to the state fire marshal by the owner, agent or user of any such tank or other receptacle for every inspection thereof. Said fee shall be payable in advance of any such inspection. The state fire marshal shall pay to the commonwealth all sums so received.

M.G.L. c. 146, § 41 Violation of statutes or regulations

c. 146, § 41. Violation of statutes or regulations Section 41. Whoever violates any provision of sections thirty-four to thirty-nine, inclusive, or any regulation made under authority thereof, shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than one month, or both.

M.G.L. c. 146, § 42 Ammonia compressor safety valves

c. 146, § 42. Ammonia compressor safety valves Section 42. No person shall use an ammonia compressor unless it is equipped with a safety valve.

M.G.L. c. 146, § 43 Rules; formulation

c. 146, § 43. Rules; formulation Section 43. The board shall formulate rules for the size, design, location and piping of safety valves on ammonia compressors.

M.G.L. c. 146, § 44 Rules; effect; printing; furnished on request

c. 146, § 44. Rules; effect; printing; furnished on request Section 44. The rules so formulated shall have the force of law and shall be printed and furnished to those requesting them by the division.

M.G.L. c. 146, § 45 Changes in rules

c. 146, § 45. Changes in rules Section 45. Any changes in the rules as formulated by the board shall be made in accordance with sections three and four.

M.G.L. c. 146, § 45A Necessity of certificate of inspection for refrigeration and air conditioning systems; exceptions; inspections; reports; prohibition of operation; fees; rules and regulations; penalty

c. 146, § 45A. Necessity of certificate of inspection for refrigeration and air conditioning systems; exceptions; inspections; reports; prohibition of operation; fees; rules and regulations; penalty Section 45A. No person shall operate or cause to be operated a refrigeration or air conditioning system, or any appurtenance thereof, excepting refrigeration or air conditioning systems in railway trains, motor vehicles, private residences, apartment houses of less than five apartments, and refrigeration and air conditioning systems located on property under the jurisdiction of the United States government, refrigeration and air conditioning systems used exclusively for agricultural, horticultural or floricultural purposes, and refrigeration and air conditioning systems having less than twenty tons capacity, unless such system has been inspected by the division and a certificate of inspection issued therefor, or unless such system is insured by and subject to periodical inspection by a company authorized to insure pressure vessels in the commonwealth and a certificate of inspection has been issued therefor. All refrigeration and air conditioning systems requiring a certificate from the division shall be inspected at least once a year. Whoever owns or uses or causes to be used a refrigeration or air conditioning system requiring certification by the division shall, unless such system is insured as above described, report in writing to the chief the location of such system, and shall so report annually thereafter, but, if such system is so insured, shall report in writing to the chief whenever the insurance company ceases for any reason to make its inspection, or for any reason revokes or removes its certificate of inspection of the refrigeration or air conditioning system. If a refrigeration or air conditioning system is, in the opinion of a district engineering inspector of the division, in a dangerous condition, or does not comply with rules and regulations as hereinafter provided, he may issue an order prohibiting the operation of such system, whether or not it is subject to inspection by an insurance company, until a certificate of inspection has been issued by a district engineering inspector of the division for such system. The amounts of fees charged for each inspection made by the division under this section shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven. The board shall adopt such rules and regulations in accordance with nationally recognized standards of engineering practice as are necessary to carry out the provisions of this section. Whoever violates any provision of this section, or any rule made thereunder, shall be punished by a fine of not less than twenty nor more than three hundred dollars.

M.G.L. c. 146, § 46 Necessity of licenses for engineers and firemen; exceptions

c. 146, § 46. Necessity of licenses for engineers and firemen; exceptions Section 46. No person shall have charge of or operate a steam boiler or engine or its appurtenances, except boilers and engines upon locomotives, turbines on test stands being operated solely for the purpose of testing such turbines by qualified testing personnel approved by the turbine designer and manufacturer, motor vehicles, boilers and engines in private residences, boilers in apartment houses of less than five apartments, boilers and engines under the jurisdiction of the United States, boilers and engines used for agricultural, horticultural and floricultural purposes exclusively, boilers and engines of less than nine horsepower and boilers which are provided with a device approved by the state fire marshal limiting the pressure carried to 15 pounds to the square inch, unless he holds a license referred to in section 49. Boilers and engines, not exempt under this section, of nine to 250 horsepower, in the aggregate, shall require periodic attendance, boilers and engines of 251 horsepower to 500 horsepower, in the aggregate, shall require noncontinuous attendance and boilers of 501 horsepower or more, in the aggregate, shall require continuous attendance. The owner or user of a steam boiler or engine, other than boilers or engines above excepted, shall not operate or cause to be operated a steam boiler or engine or its appurtenances for a period of more than one week, unless the person in charge of and operating it is duly licensed; provided, that in manufacturing plants an unlicensed person may operate, under a licensed person on duty, a simple non-condensing engine of not more than one hundred and fifty horse power, and in any plant one unlicensed person may be employed under the personal direction of each licensed person in the plant to operate the appurtenances of a boiler or engine. As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Continuous attendance'', manned attendance by a licensed operator during all times of operation. ''Noncontinuous attendance'', in addition to the requirements of periodic attendance, a remote monitoring station shall be in place that has the ability to shut down the boiler and the boiler shall be inspected by the operator between four and six times per shift. ''Periodic attendance'', a licensed engineer shall perform daily maintenance as required by the department's maintenance log book, the engineer shall remain in the same building as the operating boiler, the boiler shall be equipped with automatic shut-down devices as required by law; provided, however, that the safe operation of the boiler shall be the primary duty of the operator and such operator shall retain full discretion to return to the boiler room for monitoring purposes and all such visits shall be required to be recorded in the department's log book.

M.G.L. c. 146, § 46A Checklist for steam boiler maintenance

c. 146, § 46A. Checklist for steam boiler maintenance Section 46A. The state fire marshal shall develop a log book which shall include a checklist for the proper daily steam boiler maintenance that shall be required to be completed daily by the operator of a steam boiler exceeding nine horsepower. Such checklist shall include, but not be limited to, the following requirements: (1) give the boiler measured bottom blowdowns in accordance with instructions provided by the company supplying the feedwater treatment; (2) remove accumulations on water surfaces by using surface blow valves; (3) blowdown water column; (4) test low-water cutoff and feedwater regulator; (5) operate safety valves manually on start-up; (6) check lubrication on auxiliary equipment; (7) when starting boiler, make sure ignition operates properly; and (8) keep boiler room clean.

M.G.L. c. 146, § 47 Prima facie evidence of violation of statute

c. 146, § 47. Prima facie evidence of violation of statute Section 47. If such steam engine or boiler or an appurtenance thereof is found to be in charge of, or operated by, a person not duly licensed as an engineer or fireman, and, after a lapse of one week from such time, it is again found to be so operated by an unlicensed person, it shall be deemed prima facie evidence of a violation of the preceding section.

M.G.L. c. 146, § 48 Ascertainment of horse power

c. 146, § 48. Ascertainment of horse power Section 48. When liquid or gaseous fuel, electric or atomic energy or any other source of heat is used, the horsepower of a boiler shall be determined by either the manufacturer's factory tag affixed to the boiler or burner denoting horsepower, or calculated by one of the following formulae: the steam output capacity as listed on the manufacturer's tag divided by 34.5, the Btu/Hr Input listed on the manufacturer's tag divided by 41,840 or the Btu/Hr Output listed on the manufacturer's tag divided by 33,475. If a tag is missing, damaged or unclear, the licensed engineer in charge or on duty at the time shall notify the owner or user of the steam boiler. The owner or user shall obtain a notarized letter, signed by an officer of the manufacturer of the boiler or burner, listing the maximum capacity of the steam boiler in Btu/Hr. Such letter shall be an acceptable basis for calculating the horsepower of that particular steam boiler. The minimum safety valve relieving capacity shall be determined in accordance with the American Society of Mechanical Engineers Code. The horse power of a reciprocating steam engine shall be ascertained upon the basis of a mean effective pressure of forty pounds per square inch of piston for a simple engine, fifty pounds for a condensing engine, and seventy pounds for a compound engine, calculated upon the area of the high pressure piston. A variable speed engine shall be rated at its designed mean speed. A steam turbine engine shall be rated at less than nine horse power when the external diameter of the steam supply pipe does not exceed one and three fourths inches, at fifty horse power when it exceeds one and three fourths inches and does not exceed three and one half inches, and at one hundred and fifty horse power when it exceeds three and one half inches and does not exceed five inches.

M.G.L. c. 146, § 49 Classes of licenses and work permitted; license renewal; continuing education

c. 146, § 49. Classes of licenses and work permitted; license renewal; continuing education Section 49. Licenses shall be granted according to the competence of the applicant and shall be classified as follows: Engineer's licenses: First class, to have charge of and operate any steam plant. Second class, to have charge of and operate a boiler or boilers, and to have charge of and operate engines, no one of which shall exceed 150 horsepower, or to operate a first class plant under the engineer in direct charge thereof. Third class, to have charge of and operate a boiler or boilers not exceeding, in the aggregate, 150 horsepower when solid fuel is burned or not exceeding, in the aggregate, 500 horsepower when steam is generated by the use of liquid or gaseous fuel, electric or atomic energy or any other source of heat and an engine or engines not exceeding 50 horsepower each or to operate a second class plant under the engineer in direct charge thereof. Firemen's licenses: First class, to have charge of and operate any boiler or boilers where the safety valve or valves are set to blow at a pressure not exceeding 25 pounds to the square inch or to operate high pressure boilers under the engineer or fireman in direct charge thereof. No engineer or fireman in charge of a steam plant shall be permitted to be in charge of any other steam plant, unless it is within one mile from the specific plant of which the engineer or fireman is designated to be in charge or unless a licensed second or third class engineer or fireman shall be in attendance at such plant and shall perform his duties under the supervision of such engineer or fireman. Second class, to operate any boiler or boilers under the engineer or fireman in direct charge thereof. A person holding a first class fireman's license may operate a third class plant under the engineer in direct charge thereof. Special licenses: A person who desires to have charge of or to operate a particular steam plant may, if he files with his application for such examination a written request signed by the owner or user of the plant, be examined as to his competence for such service and no other and, if found competent and trustworthy, shall be granted a license for such service, and no other; provided, however, that no special license shall be granted to give a person charge of or permission to operate an engine over 50 horsepower, or a boiler or boilers exceeding, in the aggregate, 250 horsepower, except that where the main power plant is run exclusively by waterpower, developed on the premises of such plant a major part of the year and has auxiliary steam power for use during the periods of low water, a special license may be granted to an applicant holding an engineer's license. The department shall promulgate regulations which shall require the renewal of such licenses every five years. Individuals licensed to operate boilers under a special license shall demonstrate completion of 6 hours of continuing education at or through an institution or organization approved by the state fire marshal, in consultation with the chief inspector, during each 5–year period preceding each license renewal. All other individuals licensed to operate boilers shall demonstrate the completion of 30 hours of continuing education before each license renewal.

M.G.L. c. 146, § 50 Prerequisites for examinations

c. 146, § 50. Prerequisites for examinations Section 50. To be eligible for examination for a second class fireman's license, a person must furnish evidence as to his previous training, and, except students attending all day state aided vocational high schools in the steam engineering course or students performing the duties of a first or second class fireman at said school, be at least eighteen years of age; provided, however, that no such license issued shall be used in employment by the holder thereof unless he is at least eighteen years of age. To be eligible for examination for a first class fireman's license, a person must furnish evidence as to his previous training and experience and must have been employed in a boiler or steam power plant as a steam engineer, fireman, control room operator, watertender auxiliary operator or engineer's assistant for not less than one year, or he must have held and used a second class fireman's license for not less than six months. To be eligible for examination for a third class engineer's license, a person must be a citizen or furnish proof of having filed a declaration of his intention to become a citizen of the United States, must furnish evidence as to his previous training and experience and must have been employed in a boiler or steam power plant as a steam engineer, fireman, control room operator, watertender auxiliary operator or engineer's assistant for not less than one and one half years, or held and used an equivalent license in the United States merchant marine for one year or used a current third class steam license issued by another state for one year or must have held and used a first class fireman's license for not less than one year. To be eligible for examination for a second class engineer's license, a person must be a citizen or furnish proof of having filed a declaration of his intention to become a citizen of the United States, must furnish evidence as to his previous training and experience and must have been employed as an engineer in charge of or operating a steam plant or plants having at least one engine or turbine of not less than fifty horse power for not less than two years or held and used an equivalent license in the United States merchant marine for two years, or have held and used an equivalent license from another state for two years or must have held and used a third class engineer's license either as an engineer, assistant engineer, control room operator or a fireman for not less than one year, or must be a person who has held and used a special license to operate a first class plant for not less than two years, except any person who is a United States citizen and served three years as an apprentice to the machinist or boiler making trade in stationary, marine or locomotive engine or boiler works and who has been employed one year in connection with the operation of a steam plant, or any person who has a bachelor of science degree in engineering from any duly recognized school of engineering, who has been employed for one year in connection with the operation of a steam plant, shall be eligible for examination for a second class engineer's license. To be eligible for examination for a first class engineer's license, a person must be a citizen or furnish proof of having filed a declaration of his intention to become a citizen of the United States, must furnish evidence as to his previous training and experience and must have been employed for not less than three years as an engineer in charge of a steam plant or plants having at least one engine or turbine of over one hundred and fifty horse power, or must have held and used a second class engineer's license in a second class plant for not less than one and one half years, or in a first class plant as assistant engineer for one and one half years or held and used an equivalent license in the United States merchant marine for three years or have held and used an equivalent license from another state for three years. Every application for any grade of license, except a second class fireman or special application granted under the provisions of chapter one hundred and forty-six, shall be indorsed by an engineer or fireman holding the same or higher grade of license. The indorsee shall state his name, address, grade of license currently in force and that he has personal knowledge of the applicant's experience and trustworthiness. The license of an indorsee making a wilful falsification shall be suspended or revoked. District engineering inspectors of the department of fire services shall not indorse applications, except when applying the oath when the applicant is being examined.

M.G.L. c. 146, § 50A Nuclear power plant operators and engineers; eligibility of applicants; examinations; fees

c. 146, § 50A. Nuclear power plant operators and engineers; eligibility of applicants; examinations; fees Section 50A. To be eligible for examination for a license as an assistant nuclear power plant operator, a person shall have been employed in a steam power plant as a fireman, water tender, control room assistant, or as a designated assistant to the engineer in charge of an eight hour working day shift for not less than one year. He must furnish written evidence as to his previous training and experience signed by a person holding a steam power plant operating engineer's license or a nuclear power plant engineer's license issued by the commonwealth. To be eligible for an examination as a nuclear power plant operating engineer, a person shall have been employed in a steam power plant or a nuclear steam power plant and have and used a Massachusetts second class engineer's license or an assistant nuclear steam power plant operator's license for not less than one and one-half years. He shall furnish proof of his United States citizenship and furnish written evidence as to his previous training and experience. A person who has attended a recognized full time school of nuclear power plant engineering for one year or more shall be permitted to substitute the time in such school for an equivalent year of required experience as an assistant nuclear steam power plant operator, provided, however, that he completes a minimum of six months of operating experience as an assistant nuclear steam power plant operator. A person who has a bachelor of science degree in engineering from any duly recognized school of engineering, who has been employed for one year in connection with the operation of a steam plant, shall be eligible for examination as a nuclear power plant operating engineer's license. To be eligible for examination as a nuclear power plant senior supervising engineer, a person shall have been employed in a steam power plant and have held and used a Massachusetts first class engineer's license or a nuclear power plant operating engineer's license for not less than two years. He shall furnish proof of his United States citizenship and furnish written evidence as to his previous training and experience. A person that has attended a recognized full time school of nuclear power plant engineering for one year or more shall be permitted to substitute the time in school for an equivalent year of experience as a nuclear power plant operating engineer, provided, however, that the time in school shall be allowed as credit for experience for the license examination immediately following the time spent in school. The examination for all nuclear power plant licenses shall consist of two parts. The first part of twenty questions shall be written. Four hours shall be allotted for the examination. The second part of the examination shall be oral and will consist of the full range of power plant auxiliaries, prime movers, and nuclear generating equipment and will be given, within thirty calendar days from the date of the first part, only if the applicant attains a passing mark in the first part of the examination. The examination shall be uniform throughout the commonwealth and shall be given only once each quarter of the year by a special board of district engineering inspectors appointed by the chief of inspections or by the supervising district engineering inspector for the purpose of examining the applicants. The regular examining days shall be on the second Wednesday of September, December, March and June. In the event a holiday or severe storm prevents the examination from being held, the examination will be held on the next regular business day of the division of inspection of the department of fire services. The fee for each applicant for an examination included in this nuclear section shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof. The application shall be made on forms furnished by the department and recorded in the department at least three weeks previous to the examination. In the event a special examination for any grade of nuclear license is required, it shall be limited to not more than five applicants, and the total fee for such special examination shall be determined pursuant to the aforementioned chapter seven provision and divided equally among all the applicants.

M.G.L. c. 146, § 50B Nuclear power plant operators and engineers; licenses classified

c. 146, § 50B. Nuclear power plant operators and engineers; licenses classified Section 50B. Licenses to have charge of and to operate a nuclear steam power plant, in which plant steam is generated by the release of heat energy as a result of neutron activity, shall be classified as follows: 1. Nuclear Power Plant Senior Supervising Engineer, to be the responsible engineer in full charge of the entire nuclear plant, prime movers, auxiliaries, control systems, and related equipment. 2. Nuclear Power Plant Operating Engineer, to be in charge of the nuclear power plant, its auxiliaries, prime movers, and related control systems as the designated shift supervisor. 3. Assistant Nuclear Power Plant Operator, to operate the auxiliaries, the control room or their related systems under the supervision of either a nuclear power plant operating engineer or a nuclear power plant senior supervising engineer.

M.G.L. c. 146, § 50C Nuclear power plant operators and engineers; minimum supervising and shift requirements

c. 146, § 50C. Nuclear power plant operators and engineers; minimum supervising and shift requirements Section 50C. Every nuclear power plant shall have at least one nuclear power plant senior supervising engineer. One nuclear power plant operating engineer and one assistant nuclear power plant operator shall be the minimum requirement for each working shift.

M.G.L. c. 146, § 51 Display of license; daily record of boiler, condition and repairs; filing; accessibility

c. 146, § 51. Display of license; daily record of boiler, condition and repairs; filing; accessibility Section 51. An engineer's or fireman's license shall be so placed in the engine or boiler room of the plant operated by the licensee as to be easily read. The person in charge of a stationary steam boiler upon which the safety valve is set to blow off at more than twenty-five pounds pressure to the square inch, except boilers in private residences, boilers in apartment houses of less than five apartments, boilers under the jurisdiction of the United States, boilers used for agricultural purposes exclusively, and boilers of less than nine horse power, shall keep a daily record of the boiler, its condition when under steam, and of all repairs made and work done on it, upon forms to be obtained upon application to the department. These records shall be kept on file and shall be always accessible to the chief and inspectors of the division.

M.G.L. c. 146, § 53 Necessity of licenses for operating hoisting machinery not run by steam; classification of hoisting machinery; exemptions

c. 146, § 53. Necessity of licenses for operating hoisting machinery not run by steam; classification of hoisting machinery; exemptions Section 53. (a) No person shall operate derricks, cableways, machinery used for discharging cargoes, temporary elevator cars used on excavation work or used for hoisting building material, when the motive power to operate such machinery is mechanical and other than steam, unless such person holds a license or temporary permit as provided in this section. The owner or user of such hoisting machinery shall not operate, or cause to be operated, such machinery, unless the person operating it is duly licensed or possesses a temporary permit. Any operator of such hoisting machinery when it is being used exclusively for agricultural purposes shall be exempt from this section. (b) For licensing and temporary permitting purposes, the commissioner of the division of occupational licensure shall classify hoisting machinery by categories, depending on size, weight, common usage, capacity, power source or such other characteristics as the commissioner may find appropriate; provided, however, that at least 1 category shall include cranes and other similar equipment and 1 category shall include excavating equipment. The commissioner shall adopt rules and regulations under chapter 30A, embodying the classifications of hoisting machinery and establishing criteria and procedures for the issuance, denial, renewal, suspension and revocation of licenses or temporary permits to operate hoisting machinery; provided, however, that a final adjudication that there has been a violation of federal or state occupational safety and health regulations or any other rule adopted by the division of occupational licensure, shall be cause for the denial, suspension or revocation of any license or temporary permit issued under this section. Criteria for issuance of such license shall include, but not be limited to, training and experience requirements appropriate to the categories of machinery for which the license is intended. Criteria for issuance of such temporary permit shall include, but not be limited to, training and experience requirements appropriate to the compact equipment for which the permit is intended. (c) Notwithstanding any other provisions of this chapter, actions taken or decisions reached by the division of occupational licensure or a representative of the division of occupational licensure regarding the issuance, denial, renewal, revocation or suspension of a license or temporary permit to operate hoisting machinery, or appeals resulting from such an issuance, denial, renewal, revocation or suspension, shall be taken or made on the basis of the rules and regulations adopted under this section. (d)(1) In cases where an inspector of the office of public safety and inspections of the division of occupational licensure finds that the immediate suspension or revocation of a license to operate hoisting machinery is necessary for the preservation of the public health or safety, the inspector may order such suspension or revocation pending the outcome of a hearing, under the procedures set forth in the regulations promulgated and adopted under this section. (2) In cases where an inspector or party issuing a temporary permit finds that the immediate suspension or revocation of a temporary permit to operate hoisting machinery is necessary for the preservation of the public health or safety, the inspector may order such suspension or revocation under the procedures set forth in the regulations promulgated and adopted under this section. (e) A public utility company that operates self-propelled truck-mounted cranes, derricks and similar hoisting equipment for the maintenance and construction of the company's equipment shall be exempt from this section if the company has: (i) at least 1 supervisory employee who holds a license issued by the division of occupational licensure pursuant to this section and who is designated as the responsible person in charge of the hoisting equipment; and (ii) a company provides in-service training program for its employees. This exemption shall only apply if the in-service training program for employees has been approved by the division of occupational licensure. The in-service training program may be audited by the division of occupational licensure. The public utility company shall issue a company license to each trained and certified employee. The license shall contain a picture of the licensee, a list of the specific hoisting equipment that the licensee has been qualified to operate and the signature of the supervisory employee who holds a division of occupational licensure license. The commissioner may adopt rules and regulations to permit operation of additional types of equipment for which employees of exempt public utility companies have been trained and certified in an approved in-service training program. (f) Any other company that has cranes, derricks and similar hoisting equipment operated only upon public utility company property or equipment shall be exempt from this section if: (i) the company has met the requirements set forth in clauses (i) and (ii) of subsection (e); (ii) the company's employees have obtained a company license from an approved in-service training program of the public utility company for which they are performing work; or (iii) the company's employees are working at the direction of the public utility company and performing work associated with service restoration in connection with a weather or other emergency causing damage to property or equipment. The public utility company shall provide written or electronic notification to the commissioner prior to the commencement of such work. (g) Any other company that operates hoisting equipment specifically limited to industrial lift trucks, forklifts, overhead cranes and other hoisting equipment, specifically authorized by the division of occupational licensure and used exclusively on company property shall be exempt from this section if the company has met the requirements of clauses (i) and (ii) of subsection (e) and at least 1 supervisory employee is on site at all times of operation and the supervisory employee holds a license issued by the division of occupational licensure under this section and is designated as the responsible person in charge of hoisting equipment during that period of operation. (h) A public high school that operates hoisting equipment as part of a vocational technical education program approved under chapter 74 shall be exempt from this section if the school: (i) has not less than 1 supervisory instructor who holds a license issued by the division of occupational licensure pursuant to this section and who is designated as the responsible person in charge of the hoisting equipment; provided, however, that the supervising instructor is: (A) on site at all times of operation; and (B) designated as the responsible person in charge of hoisting equipment during that period of operation; and (ii) provides an in-service training program for its instructors. (i) A training facility that is recognized by the division of apprentice standards and that trains apprentices for the occupation of operating engineer shall be exempt from this section if the facility: (i) has not less than 1 supervisory instructor who holds a license issued by the division of occupational licensure pursuant to this section and who is designated as the responsible person in charge of the hoisting equipment; provided, however, that the supervising instructor is: (A) on site at all times of operation; and (B) designated as the responsible person in charge of hoisting equipment during that period of operation; and (ii) provides an in-service training program for its instructors.

M.G.L. c. 146, § 53A Rules and regulations; classifications of hoisting machinery; criteria for issuing apprentice operator licenses

c. 146, § 53A. Rules and regulations; classifications of hoisting machinery; criteria for issuing apprentice operator licenses Section 53A. The commissioner of the division of occupational licensure shall issue rules and regulations, pursuant to chapter 30A, embodying the classifications of hoisting machinery and establishing criteria and procedures for the issuance, denial, renewal, suspension and revocation of licenses of apprentice operators of such machinery. However, a final adjudication that there has been a violation of federal or state occupational safety and health regulations, or any rule or regulation adopted by the division of occupational licensure, shall be cause for the denial, revocation or suspension of any license issued under this section. Criteria for issuance of such licenses shall include, but not be limited to, training and experience requirements appropriate to the categories of machinery for which the license is intended, and registration with the apprenticeship council within the department of labor standards. A holder of such apprentice license may operate hoisting machinery only under the guidance and supervision of a holder of a license to operate for the category of hoisting machinery to be operated by the apprentice.

M.G.L. c. 146, § 54 Carrying of license or temporary permit

c. 146, § 54. Carrying of license or temporary permit Section 54. A license or temporary permit to operate hoisting machinery shall be carried on the person of the operator or apprentice operator while operating such hoisting machinery. In the case of a temporary permit to operate compact hoisting equipment the operator must also carry a valid driver's license.

M.G.L. c. 146, § 54A Violation of Sec. 53, 53A, or 54; penalties

c. 146, § 54A. Violation of Sec. 53, 53A, or 54; penalties Section 54A. Whoever violates any provision of section 53, 53A or 54, or any rule or regulation made thereunder, shall be punished by a fine of not less than five hundred dollars and not more than three thousand dollars, or by imprisonment for not more than three months, or both such fine and imprisonment. Whoever prevents or attempts to prevent any inspector from entering on any premises in the discharge of his duty with respect to sections fifty-three and fifty-four, shall be punished by a fine of not less than two hundred and fifty dollars and not more than three thousand dollars, or by imprisonment for not more than three months, or both such fine and imprisonment. Any person who permits an unlicensed person to operate hoisting machinery shall be subject to a fine of not less than one thousand dollars and not more than three thousand dollars, or by imprisonment for not more than three months, or both such fine and imprisonment.

M.G.L. c. 146, § 55 Violation of statutes or rules; prevention of entry on premises

c. 146, § 55. Violation of statutes or rules; prevention of entry on premises Section 55. Whoever violates any provision of sections forty-two to fifty-one, inclusive, or any rule made thereunder, or prevents or attempts to prevent an inspector from entering on any premises in the discharge of his duty with respect to said sections, shall be punished by a fine of not less than ten nor more than three hundred dollars, or by imprisonment for not more than three months.

M.G.L. c. 146, § 56 Examiners of applicants for certificates of competency to inspect boilers, and for licenses as engineers or firemen; administration of oath to applicants

c. 146, § 56. Examiners of applicants for certificates of competency to inspect boilers, and for licenses as engineers or firemen; administration of oath to applicants Section 56. The chief and inspectors of the division of inspection of the department of fire services shall act, as provided in sections 57, 58, 59, 60, 61, 62, 63, 64, 66, and 67, as examiners of applicants for certificates of competency to inspect boilers, and for licenses as engineers or firemen. The chief or any such inspector may administer the oath to applicants.

M.G.L. c. 146, § 56A Examiners of applicants for certificates of competency to operate hoisting machinery and to inspect amusement devices; administration of oath to applicants; issuance of temporary permits

c. 146, § 56A. Examiners of applicants for certificates of competency to operate hoisting machinery and to inspect amusement devices; administration of oath to applicants; issuance of temporary permits Section 56A. The inspectors of the office of public safety and inspections of the division of occupational licensure shall act, as provided in sections 57A, 58, 59, 60A, 61A, 62A, 63, 64, 65, 65A, 66A, and 67 as examiners of applicants for certificates of competency to operate hoisting machinery and to inspect amusement devices. Any such inspector or the commissioner of the division of occupational licensure may administer the oath to applicants. The commissioner of the division of occupational licensure may authorize a person or entity offering the short term rental of compact hoisting equipment to examine applicants and issue temporary permits according to regulation promulgated by the division of occupational licensure.

M.G.L. c. 146, § 57 Application; fees, number of examinations; frequency of applications

c. 146, § 57. Application; fees, number of examinations; frequency of applications Section 57. Each application for a license as an engineer or fireman of a class specified herein shall be made upon a blank furnished by the department, signed and sworn to by the applicant, and shall show the total experience of the applicant. Each such application for a first class engineer's license, second class engineer's license or for a special license; for a third class, fourth class or portable class engineer's license or a steam fire engineer's license; for a first class or second class fireman's license shall be accompanied by an examination fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven. Each such application shall entitle the applicant to one examination only, except in case of an appeal under section sixty-six; provided, however, that no person shall make application hereunder for a license of any particular class oftener than once in 60 days. The fee for an examination on appeal shall be determined annually under the aforementioned chapter seven provision.

M.G.L. c. 146, § 57A Application for license as operator of hoisting machinery not run by steam; form; examination fee

c. 146, § 57A. Application for license as operator of hoisting machinery not run by steam; form; examination fee Section 57A. Each application for a license as an operator of hoisting machinery not run by steam shall be made upon a blank furnished by the division of occupational licensure, signed and sworn to by the applicant, and shall show the total experience of the applicant. Each such application for a license for operating hoisting machinery not run by steam shall be accompanied by an examination fee to be determined annually by the commissioner of administration under the provision of section 3B of chapter 7. Each such application shall entitle the applicant to one examination only, except in case of an appeal under section 66A; provided, however, that no person shall make application hereunder for a license of any particular class oftener than once in 60 days. The fee for an examination on appeal shall be determined annually under the aforementioned chapter 7 provision.

M.G.L. c. 146, § 58 Taking notes at examinations and on appeals; representative of insurer

c. 146, § 58. Taking notes at examinations and on appeals; representative of insurer Section 58. In all examinations, except examinations for temporary permits, or appeals the applicant may have one person present who may take notes if he so desires. In case of applicants for certificates of competency to inspect boilers such person shall be a representative of an insurance company employing the applicant or wishing to do so.

M.G.L. c. 146, § 59 Suspension, revocation, loss or destruction of certificates or licenses; fee

c. 146, § 59. Suspension, revocation, loss or destruction of certificates or licenses; fee Section 59. A certificate of competency to inspect boilers shall be revoked and a license as engineer or fireman or operator of hoisting machinery shall be suspended or revoked for incompetence or untrustworthiness of the holder thereof. A wilfully false statement in the application shall be sufficient cause for revocation at any time. If a certificate or license is lost or destroyed a new certificate shall be issued without examination upon satisfactory proof thereof. The fee for such new certificate shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven.

M.G.L. c. 146, § 60 Request of insurer for examination of person applying for inspector of boilers position accompanying application; fee

c. 146, § 60. Request of insurer for examination of person applying for inspector of boilers position accompanying application; fee Section 60. The application of a person desiring to act as inspector of boilers for an insurance company shall be accompanied by a written request of said company for an examination of such person, together with a fee, the amount of which shall be determined annually by the commissioner of administration.

M.G.L. c. 146, § 60A Request of insurer for examination of person applying for inspector of amusement devises position accompanying application; fee; eligibility for certificate of competency

c. 146, § 60A. Request of insurer for examination of person applying for inspector of amusement devises position accompanying application; fee; eligibility for certificate of competency Section 60A. The application of a person desiring to act as an inspector of amusement devices for an insurance company shall be accompanied by a written request of said company for an examination of such person, together with a fee, the amount of which shall be determined annually by the commissioner of administration. An individual, who is an employee of an amusement park or who performs or has performed inspections of amusement devices for the commonwealth shall be eligible for a certificate of competency to inspect amusement devices.

M.G.L. c. 146, § 61 Board of examiners for certification of competency to inspect steam boilers; subject matter of examination

c. 146, § 61. Board of examiners for certification of competency to inspect steam boilers; subject matter of examination Section 61. Three inspectors of the division of inspection of the department of fire services shall act as a board of examiners. The applicant shall be examined as to the construction, installation, maintenance and repair of steam boilers and their appurtenances in the case of an applicant for a certificate of competency to inspect steam boilers.

M.G.L. c. 146, § 61A Board of examiners for certification of competency to inspect amusement devices; subject matter of examination

c. 146, § 61A. Board of examiners for certification of competency to inspect amusement devices; subject matter of examination Section 61A. Three inspectors of the office of inspections of the division of professional licensure shall act as a board of examiners for the certification of competency to inspect amusement devices. The applicant shall be examined in such matters as the inspectors shall deem relevant.

M.G.L. c. 146, § 62 Certificate of competency to inspect steam boilers; term; expiration date; notice; renewal; lapse; reexamination; fees; suspension or revocation

c. 146, § 62. Certificate of competency to inspect steam boilers; term; expiration date; notice; renewal; lapse; reexamination; fees; suspension or revocation Section 62. If the applicant is found competent he shall receive a certificate of competency to inspect steam boilers, as the case may be; provided, however, that if the holder of a certificate ceases to be employed as an inspector for a period of one year or more his certificate shall lapse and he shall be required to submit to reexamination for a new certificate. The fee for such reexamination shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven. Said certificate shall continue in force until the date of birth of the holder of the certificate occurring more than twelve months but not more than twenty-four months after the effective date of such certificate unless sooner revoked. If any such certificate of competency to inspect steam boilers or the renewal thereof expires in any even year, any subsequent renewal shall expire on the next anniversary of the holder's date of birth occurring in an even year. If any such certificate of competency to inspect steam boilers or to inspect amusement devices or renewal thereof expires in an odd year, any subsequent renewal shall expire on the next anniversary of the holder's date of birth occurring in an odd year. A certificate of competency to inspect steam boilers or to inspect amusement devices issued to a person born on February twenty-ninth shall, for the purposes of this section, expire on March first. The fee for the renewal of the certificate of competency shall be determined pursuant to the aforementioned chapter seven provision. Certificates not renewed at expiration date shall become void, and shall after one year be reinstated only by reexamination of the former holder of the certificate; provided, however, that if the holder of a certificate of competency is on active duty with the armed forces of the United States, the certificate shall remain valid until the holder is released from active duty and for a period of not less than 90 days following that release. A notice of the date of expiration of a certificate of competency to inspect steam boilers or to inspect amusement devices shall, at least thirty days prior to such date, be sent to the holder of the certificate. The inspector of the division of inspection of the department of fire services for the town where a holder of the certificate resides may issue a renewal certificate. A person whose certificate of competency is suspended or revoked shall surrender his certificate to the chief or an inspector of the division.

M.G.L. c. 146, § 62A Certificate of competency to inspect amusement devices; term; expiration date; notice; renewal; lapse; reexamination; fees; suspension or revocation

c. 146, § 62A. Certificate of competency to inspect amusement devices; term; expiration date; notice; renewal; lapse; reexamination; fees; suspension or revocation Section 62A. If the applicant is found competent he shall receive a certificate of competency to inspect amusement devices; provided, however, that if the holder of a certificate ceases to be employed as an inspector for a period of one year or more his certificate shall lapse and he shall be required to submit to reexamination for a new certificate. The fee for such reexamination shall be determined annually by the commissioner of administration under the provision of section 3B of chapter 7. Said certificate shall continue in force until the date of birth of the holder of the certificate occurring more than 12 months but not more than 24 months after the effective date of such certificate unless sooner revoked. If any such certificate of competency to inspect amusement devices or the renewal thereof expires in any even-numbered year, any subsequent renewal shall expire on the next anniversary of the holder's date of birth occurring in an even year. If any such certificate of competency to inspect amusement devices or renewal thereof expires in an odd year, any subsequent renewal shall expire on the next anniversary of the holder's date of birth occurring in an odd year. A certificate of competency to inspect amusement devices issued to a person born on February 29 shall, for the purposes of this section, expire on March 1. The fee for the renewal of the certificate of competency shall be determined pursuant to the aforementioned chapter 7 provision. Certificates not renewed at expiration date shall become void, and shall after 1 year be reinstated only by reexamination of the former holder of the certificate; provided, however, that if the holder of a certificate of competency is on active duty with the armed forces of the United States, the certificate shall remain valid until the holder is released from active duty and for a period of not less than 90 days following that release. A notice of the date of expiration of a certificate of competency to inspect amusement devices shall, at least 30 days prior to such date, be sent to the holder of the certificate. The inspector of the office of public safety and inspections of the division of occupational licensure for the town where a holder of the certificate resides may issue a renewal certificate. A person whose certificate of competency is suspended or revoked shall surrender his certificate to a chief or an inspector of the office of public safety and inspections of the division of occupational licensure.

M.G.L. c. 146, § 63 Appeals; rehearing; fee; finality of decision

c. 146, § 63. Appeals; rehearing; fee; finality of decision Section 63. A person who is refused a certificate of competency, or whose certificate is revoked, may appeal from such decision to the issuing authority, who shall grant a rehearing of the case by a board of five examiners, no one of whom shall have acted as an examiner in the former instance; provided, that in the case of a person desiring to appeal from a refusal to issue to him a certificate of competency such appeal is accompanied by a fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven. Their decision shall be final if approved by head of said issuing authority.

M.G.L. c. 146, § 64 Engineers and firemen; examinations; appeal

c. 146, § 64. Engineers and firemen; examinations; appeal Section 64. Whoever desires to act as an engineer or fireman shall apply for a license to the department. The applicant shall be examined by the inspector assigned to the district in which the applicant resides or is employed. The examinations shall be uniform throughout the commonwealth in a form approved by the state fire marshal, in consultation with the chief, and shall be given in two parts, the first part of which shall be written and the second of which shall be oral; provided, however, that any applicant may be given only an oral examination if he so requests in writing, stating the reasons for such request and if such reasons are deemed valid by the chief or his designee. A mark of seventy percent shall be considered passing on any such written examination and such passing mark shall remain valid for a period of one year. The failure of any applicant taking a written examination to achieve such a passing mark shall result in the removal of his application from any further consideration. The time allotted for the written examination shall be four hours. An oral examination shall be recorded on tape and such tape shall remain on file with the department through the expiration of the time allowed for appeal. Upon the successful completion of the examination process, the applicant if found competent and trustworthy, shall receive a license graded in accordance with the merits of his examination. An applicant for a first or second class engineer's license shall be examined by a board consisting of three district engineering inspectors of the department, or two such inspectors and the chief, if such chief is a qualified examiner, and, if the applicant is employed, one member of said board shall be the department inspector of boilers assigned to the area where the applicant is so employed, and the decision of said board shall be final. An applicant for a license as an engineer of any other class or as a fireman, or for a special license, shall be examined by one inspector of the division, from whose decision there shall be an appeal as provided in section sixty-six.

M.G.L. c. 146, § 65 Operators of hoisting machinery; licenses; application; examination

c. 146, § 65. Operators of hoisting machinery; licenses; application; examination Section 65. Whoever desires to act as an operator of hoisting machinery shall apply to the division of occupational licensure for a license. If the criteria for licensure established by the commissioner of the division of occupational licensure pursuant to section fifty-three are met by the applicant, such applicant shall be required to pass a written or practical examination, or both, in accordance with the standards set in regulations promulgated under the provisions of said section fifty-three. Any operator of hoisting machinery whose license is revoked, and any person who is penalized under the provisions of section fifty-four A, shall be required to pass both a written and practical examination before he may be issued a subsequent license. The passing of the applicable examination shall entitle the applicant to a license to operate hoisting machinery in the category or categories for which he has applied and been examined. Each license issued shall contain a photograph of the licensee.

M.G.L. c. 146, § 65A Issuance of temporary permits by person or entity from which hoisting machinery is to be rented

c. 146, § 65A. Issuance of temporary permits by person or entity from which hoisting machinery is to be rented Section 65A. Whoever desires to act as an operator of compact hoisting machinery for rent for which licensure is required under section 53, on a temporary basis, shall apply to the person or entity from which the machinery is to be rented for a temporary permit; provided, however, that the person or entity renting such machinery shall have obtained authorization to issue temporary permits from the commissioner of the division of occupational licensure. If the applicant meets the criteria for issuance of a temporary permit established by the commissioner under said section 53, such applicant shall then be required to pass an examination under the standards set in the regulations promulgated under said section 53. If the applicant passes the examination, the applicant shall be entitled to a temporary permit to operate hoisting machinery in the category or categories for which the applicant has applied and been examined. No temporary permit may be renewed and no person may be issued more than 1 temporary permit in any 45 day period. The commissioner may periodically review the records of any person or entity that is authorized to issue temporary permits to ensure compliance with this section and any regulation promulgated under said section 53.

M.G.L. c. 146, § 66 Appeal of refusal, suspension or revocation of license to act as engineer or fireman; board of appeal; finality of decision

c. 146, § 66. Appeal of refusal, suspension or revocation of license to act as engineer or fireman; board of appeal; finality of decision Section 66. A person aggrieved by the action of a single examiner in refusing, suspending or revoking a license to act as engineer or fireman may, within one week, appeal therefrom to the chief of the division of inspection of the department of fire services, who shall appoint three inspectors of the division, or himself and two inspectors, to act together as a board of appeal. The decision of a majority of the members of the board of appeal shall be final.

M.G.L. c. 146, § 66A Appeal of refusal, suspension or revocation of license to act as operator of hoisting machinery; board of appeal; finality of decision

c. 146, § 66A. Appeal of refusal, suspension or revocation of license to act as operator of hoisting machinery; board of appeal; finality of decision Section 66A. A person aggrieved by the action of a single examiner in refusing, suspending or revoking a license to act as an operator of hoisting machinery may, within 1 week, appeal therefrom to the commissioner of the division of occupational licensure, who shall appoint 3 inspectors of the office of public safety and inspections of the division of occupational licensure, or himself and 2 inspectors, to act together as a board of appeal. The decision of a majority of the members of the board of appeal shall be final.

M.G.L. c. 146, § 67 Licenses; duration; fees; expiration; renewal; revocation

c. 146, § 67. Licenses; duration; fees; expiration; renewal; revocation Section 67. A license shall continue in force until the date of birth of the licensee occurring more than twelve months but not more than twenty-four months after the effective date of such license unless suspended or revoked for incompetence or untrustworthiness of the licensee, except that a special license shall not continue in force after the holder thereof ceases to be employed in the plant specified in the license. If any such license or the renewal thereof expires in an even year, any subsequent renewal shall expire on the next anniversary of the licensee's date of birth occurring in an even year. If any such license or renewal thereof expires in an odd year, any subsequent renewal shall expire on the next anniversary of the licensee's date of birth occurring in an odd year. A license issued to a person born on February twenty-ninth shall, for the purposes of this section, expire on March first. The fee for the renewal of a license shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof; provided, however, that in no case shall the fee for the renewal of a license to operate hoisting machinery be less than sixty dollars, and in no case shall the fee for a new license to operate hoisting machinery be less than seventy-five dollars. Licenses not renewed at expiration date shall become void, and shall after one year be reinstated only by re-examination of the licensee; provided, however, that if the licensee is on active duty with the armed forces of the United States, the license shall remain valid until the licensee is released from active duty and for a period of not less than 90 days following that release. A notice of the date of expiration of a license shall, at least thirty days prior to such date, be sent to the licensee. The inspector of the division of inspection of the department of fire services or of the office of public safety and inspections of the division of occupational licensure for the town where a licensee resides may issue a renewal license in his or her respective discipline. A person whose license is suspended or revoked shall surrender his license to the issuing authority or an Inspector of said authority. If a new license of a different grade is issued, the old license shall be destroyed by the examiner.

M.G.L. c. 146, § 67A Examiners for the certification of oil burner technicians; place and time of examinations

c. 146, § 67A. Examiners for the certification of oil burner technicians; place and time of examinations Section 67A. The chief of inspections of the division of inspection of the department of fire services, the supervising inspector of the division or an inspector of the division shall act as an examiner for the certification of oil burner technicians. The chief of inspections shall cause examinations to be held in such cities and at such times as he may deem necessary.

M.G.L. c. 146, § 69 Expenditures by state fire marshal for work and apparatus

c. 146, § 69. Expenditures by state fire marshal for work and apparatus Section 69. The state fire marshal may expend the amount annually appropriated for investigation work, for apparatus used in connection with the inspection of steam boilers and for the installation and maintenance of apparatus in the examination of engineers and firemen.

M.G.L. c. 146, § 70 Inspection of hot water heating boilers; changes in rules for construction of new boilers

c. 146, § 70. Inspection of hot water heating boilers; changes in rules for construction of new boilers Section 70. All hot water heating boilers, except boilers specified in section seven, when used for space heating or as a heat storage source when the primary fluid circulates only within the code containment vessel or for process heating, and their appurtenances, that come within the scope of the current section one, four or eight of the American Society of Mechanical Engineers, Boiler and Pressure Vessel Code, hereinafter referred to as the ASME Code, shall be thoroughly inspected internally when construction permits at least once every three years and externally at least once a year. Changes in the rules which affect the construction of new boilers shall take effect six months after their filing, in the same manner prescribed for steam boilers in section two. The board may, upon request, permit the application of such changes in rules to boilers manufactured or installed during said six months. When a person or a corporation desires to manufacture a special type of boiler, the design of which is not covered by the rules formulated by the board or by the current section one, four or eight of the ASME Code, specifications and drawings shall be submitted through the chief of inspections to the board which, if it approves, shall permit the construction thereof. The first inspection for the installation of a boiler covered by this section may be made by either a district engineering inspector of the division or by an authorized insurance inspector. The first part of the inspection on steel field erected boilers shall be completed before the system is filled with the fluid to be heated.

M.G.L. c. 146, § 71 Unlawful operation of boilers; certificate of inspection; identification number; inspection fees

c. 146, § 71. Unlawful operation of boilers; certificate of inspection; identification number; inspection fees Section 71. No person shall operate or cause to be operated any boiler required by section seventy to be inspected until it has been inspected, nor shall the boiler be operated at pressures or temperatures in excess of the safe working pressure or temperature as ascertained by the ASME Code, section one, four or eight and the rules of the board, nor unless the boiler is equipped with such safety appliances as are prescribed by the board and the ASME Code, section one, four or eight delineating such appliances. When the inspection of a boiler covered by section 70 is completed and the district engineering inspector finds the boiler to be in safe working order, with the fittings necessary to safely and properly set up and the boiler and any appurtenances conform to the rules of the board and sections 1, 4 or 8 of the ASME Code, the department shall issue to the owner or user thereof a certificate of inspection. The certificate shall state the maximum pressure at which the boiler may be operated and thereupon the owner or user of the boiler may operate the boiler as stated in the certificate. If the district engineering inspector finds otherwise, the department shall withhold the certificate until the boiler and its appurtenances are put in a condition to ensure safety of operation and to ensure that the boiler conforms to the rules of the board and said sections 1, 4 or 8 of the ASME Code. If the insurance inspector finds the boiler or pressure vessel to be in safe working order, as above, the insurance inspector shall submit such information to the department and the department shall, upon receipt of the required fee, issue a certificate of inspection. If the insurance inspector finds otherwise, the insurance inspector shall submit such information and report such findings to the department on the approved format. The department shall withhold a certificate until the boiler or pressure vessel passes inspection. The owner of any such boiler shall not operate nor cause to be operated any such boiler until a certificate has been issued. Every boiler covered by section seventy shall be identified by a number. The number shall be an ASME or National Board of Pressure Vessels Inspectors number either stamped upon the boiler or by attaching a numbered metal tag, by a seal or otherwise, to the boiler or its fittings. No person except district engineering inspector of the division shall deface or remove any such number or tag. The owner or user of a boiler covered by section seventy and inspected by the division shall pay a fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven for each internal inspection and for each external inspection. During the year that the internal inspection is due, no fee shall be charged for an external inspection performed at the time of the internal inspection. The state fire marshal shall pay to the commonwealth all sums so received.

M.G.L. c. 146, § 72 Hydrostatic test

c. 146, § 72. Hydrostatic test Section 72. If in the judgment of the inspector of the division or of the insurance company, it is advisable to apply a hydrostatic test to a boiler, the owner or user shall prepare the boiler for such test, as directed by the inspector of the division or of the insurance company in accordance with the appropriate code.

M.G.L. c. 146, § 73 Insurance company inspection; authorization

c. 146, § 73. Insurance company inspection; authorization Section 73. The inspection of hot water heating boilers and their appurtenances may be made by inspectors of insurance companies authorized to insure boilers in the commonwealth; or, in the case of shop inspections in a boiler shop outside of the commonwealth, by such other inspectors employed by authorized insurance companies holding a national board of boiler and pressure vessel inspectors commission as are approved by the chief of inspections.

M.G.L. c. 146, § 74 Safety appliances; tampering; maximum pressure

c. 146, § 74. Safety appliances; tampering; maximum pressure Section 74. No person shall remove or tamper with any safety appliance prescribed by the board or by the ASME Code, section one, four or eight. The safety relief valve shall not be loaded to a greater pressure than that allowed by the certificate of inspection for the boiler.

M.G.L. c. 146, § 75 Employment of inspectors by insurance companies

c. 146, § 75. Employment of inspectors by insurance companies Section 75. Every insurance company authorized to insure or to reinsure boilers in the commonwealth shall have in its employ at least one inspector who holds a certificate of competency under section sixty-two and resides in the commonwealth. When an inspector holding such a certificate ceases to be employed by an insurance company, the company shall notify the state fire marshal giving the reasons therefor.

M.G.L. c. 146, § 76 Inspector of boilers; certificate of competency required

c. 146, § 76. Inspector of boilers; certificate of competency required Section 76. No person shall act as an inspector of boilers for an insurance company unless such person holds a certificate of competency under section 62.

M.G.L. c. 146, § 77 Reports and recommendations of inspectors; insurance cancellation or refusal report

c. 146, § 77. Reports and recommendations of inspectors; insurance cancellation or refusal report Section 77. The inspectors of the division shall make reports of all inspections and shall make such recommendations to the chief of inspections as they may deem expedient. Every insurance company shall forward to the chief of inspections, within fourteen days after each inspection, reports of all boilers inspected by it. Such reports shall be made on blanks approved by the chief and shall contain all orders made by the company regarding such boilers. Every insurance company shall report immediately to the chief of inspections the name of the owner or user and the location of every boiler required by section seventy to be inspected, upon which they have cancelled or refused insurance, giving the reasons therefor.

M.G.L. c. 146, § 78 Preparation of boilers for inspection; notice of defect to division; operation forbidden pending issuance of certificate of inspection

c. 146, § 78. Preparation of boilers for inspection; notice of defect to division; operation forbidden pending issuance of certificate of inspection Section 78. The owner or user of a boiler required by section seventy to be inspected shall prepare the boiler for inspection as directed by the inspector. The inspector shall, if requested, give the owner or user at least fourteen days notice to prepare a boiler for inspection; provided, that no notice shall be required of an external inspection, nor if the boiler is being installed or has not been inspected within one year and a certificate of inspection issued. If, in the judgment of an inspector of the division, any such boiler or its appurtenances is in a defective or dangerous condition, he may immediately forbid the operation of the boiler, whether or not it is under the inspection of an insurance company; and no person shall again operate such boiler nor cause it to be operated until a certificate of inspection has been issued by an inspector of the division. The owner or user of any boiler required by section seventy to be inspected shall immediately notify the division of inspection or the insurance company, if a boiler is insured, if a defect affecting the safety of the boiler is discovered. If the insurance on any boiler required by section seventy to be inspected expires, or is cancelled because the insurers deemed it unsafe to continue the operation thereof, the owner or user shall cease to operate it until it has been put in a safe condition, satisfactory to the insurers, or has been inspected by the division and a certificate of inspection has been issued.

M.G.L. c. 146, § 79 Certificate of inspection; contents; display

c. 146, § 79. Certificate of inspection; contents; display Section 79. The certificate of inspection issued by the department shall state the name of the owner and that of the user, if different from the owner, the location of the boiler, the number of the boiler, the date of inspection, the maximum pressure at which the boiler may be operated and the signature of the inspector who made the inspection. The certificate shall also contain such extracts from the General Laws as shall be deemed necessary by the board. It shall be so placed in the boiler room and protected from being soiled as to be easily read.

M.G.L. c. 146, § 80 Violations; written notice of violation; appeals; penalties

c. 146, § 80. Violations; written notice of violation; appeals; penalties Section 80. (a) Whoever violates any provision of sections 70 to 79, inclusive, or of the rules of the board, or that of the code which is appropriate to a boiler under the jurisdiction of the above sections, shall be punished by a fine of not more than $500, nor by less than $50, or by imprisonment for not more than 6 months, or both. (b) The state fire marshal may issue a written notice of violation, which shall be a written warning or a citation to assess civil monetary fines of not more than $5,000 for a violation sections 5 to 41, inclusive, section 46, sections 70 to 80, inclusive, or of regulations adopted thereunder; provided, however, that an inspector assigned to the division of inspection may also issue a warning or citation under these sections. (i) The state fire marshal may adopt regulations for the administration and enforcement of this section. (ii) The individual issuing the written notice of violation shall indicate on the notice that it is for: a written warning or a citation; and a violation of the specific law or regulation referenced in subsection (b). (iii) A person, firm or corporation who is issued a citation in a written notice of violation may appeal to a hearing officer designated by the department of fire services within 30 days after receipt of the notice. All appeal hearings shall be held in accordance with the standard rules governing informal adjudicatory proceedings adopted pursuant to section 9 of chapter 30A. (iv) A person, firm or corporation who is issued a citation in a written notice of a violation and who fails to: (1) pay the fines assessed within 30 days after receipt of the notice; (2) appeal within 30 days after receipt of the notice; or (3) appear at a scheduled appeal hearing, shall be deemed responsible for the violation as stated in the notice. The finding of responsibility shall be admissible as prima facie evidence of responsibility for the violation in any civil proceeding regarding the violation, in any proceeding to suspend or revoke a license, permit or certificate and in any criminal proceeding. (v) The state fire marshal may assess a fee for appeals filed pursuant to this section, to be determined by the secretary of administration and finance pursuant to section 3B of chapter 7.

M.G.L. c. 146, § 81 Definitions applicable to Secs. 81 to 88

c. 146, § 81. Definitions applicable to Secs. 81 to 88 Section 81. As used in this section and in sections eighty-two to eighty-eight, inclusive, the following words shall have the following meanings: ''Apprentice pipefitter'', a person who is registered and is learning or working at the business of pipefitting under the direct supervision of a master or journeyman pipefitter. ''Apprentice sprinkler fitter'', any person other than a fire sprinkler contractor or a sprinkler fitter who is presently engaged in both learning and assisting in the work being performed on any sprinkler system, and who must be employed by a licensed fire sprinkler contractor. ''Bureau'', the bureau of pipefitters, refrigeration technicians, and sprinkler fitters, established by section ten A of chapter twenty-two. ''Fire protection sprinkler system'', a fire sprinkler system, for fire protection purposes, the work of the sprinkler fitter and apprentice shall consist of the installation, service, testing, maintenance and inspection of all fire protection and fire control systems, including both overhead and underground water mains, fire hydrants and hydrant mains, standpipes and hose connections to sprinkler systems, sprinkler tank heaters, air lines and thermal systems, hot water fire protection systems, standpipes connected to sprinkler systems and pumps dedicated for fire protection. ''Fire protection sprinkler system contractor'', a person, firm, or organization that offers to undertake the execution of contracts, the preparation of technical drawings, sale, installation, alteration, modification, service, testing, inspection, maintenance, removal and repairing of any such system or any part of such system. ''Journeyman pipefitter'', any person who has completed an apprenticeship training program satisfactory to the bureau and who by himself or with other journeymen pipefitters or apprentice pipefitters performs any work in pipefitting subject to inspection under any law, ordinance, by-law, rule or regulation but does not employ other journeymen or master pipefitters. ''Journeyman refrigeration technician'', any person who has completed an apprenticeship training program satisfactory to the bureau, and who has successfully passed a refrigeration technician's examination, and who, by himself, or with other journeymen refrigeration technicians, or with refrigeration apprentices does any work in refrigeration subject to the provisions of this chapter. ''Master pipefitter'', a person having a regular place of business or who, by himself, or with other master pipefitters, journeymen pipefitters, or apprentice pipefitters, in his employ performs pipefitting work. ''Master refrigeration technician'', a person having a regular place of business, or who by himself or with other master refrigeration technicians, journeymen refrigeration technicians, or refrigeration apprentices in his employ performs refrigeration work. ''Pipefitting'', the installation, repair, replacement, maintenance or alteration of any apparatus for piping appliances, devices or accessories for heating systems having a rating greater than 700,000 British Thermal Units, including apparatus and piping for the general use of conveyance of steam and associated pumping equipment, vacuum and pneumatic systems, oil and petroleum products, ice making machinery, air conditioning equipment, piping systems used for the conveyance and storage of Category M liquids, as defined in ASME B31.3 Process Piping manual and high pressure systems over 150 pound-force per square inch gauge or hazardous industrial type gases used in processes, biopharma or semi-conductor manufacturing, but excluding sheet metal work, refrigeration systems, boilers and plumbing as defined under the rules and regulations of the board of state examiners of plumbers promulgated under sections 4 and 13 of chapter 142. ''Refrigeration'', the installation, repair, replacement, maintenance of any refrigerant containing part of any refrigerant system of a ten ton capacity, or greater. ''Refrigeration apprentice'', any registered person who is at least eighteen years of age and who is working at the business of refrigeration under the supervision of a master refrigeration technician or journeyman refrigeration technician. ''Registered'', a person registered according to the provisions of chapter seven hundred and seven of the acts of nineteen hundred and forty-one. ''Sprinkler fitter/journeyman sprinkler fitter'', any person who has completed an apprenticeship training program satisfactory to the bureau, is employed by a licensed fire protection sprinkler system contractor and who, individually or with other sprinkler fitters, performs any work in sprinkler fitting subject to inspection under any law, ordinance, by-law, rule or regulation, but does not employ other sprinkler fitters. ''Ton'', for the purpose of this chapter one ton of refrigeration shall be defined in conformance to section I subparagraph 6 of the Board of Boiler Rules, Form BLR 7, dated November twenty-two, nineteen hundred and sixty-three. ''Work on a fire protection sprinkler system'', the on-site layout, on-site fabrication, work and practice concerning the construction, installation, alteration or extension of a fire protection sprinkler system, including the modification, repair, removal and initial acceptance testing and inspection, testing, maintenance and service of a fire protection sprinkler system.

M.G.L. c. 146, § 82 Pipefitting examining and licensing rules; classification of pipefitter licenses

c. 146, § 82. Pipefitting examining and licensing rules; classification of pipefitter licenses Section 82. The bureau shall adopt regulations for the examining and licensing of fire sprinkler contractors, pipefitters, refrigeration technicians and sprinkler fitters, including the classification of pipefitter licenses, which shall include, but not be limited to, pipefitter welder, process piping and apprentice.

M.G.L. c. 146, § 83 Examiners of applicants for fire sprinkler system contractor, pipefitter, refrigeration and sprinkler fitter licenses; rules; codes

c. 146, § 83. Examiners of applicants for fire sprinkler system contractor, pipefitter, refrigeration and sprinkler fitter licenses; rules; codes Section 83. The district engineering inspectors of the office of public safety and inspections of the division of occupational licensure shall act as examiners of applicants for fire sprinkler system contractor, pipefitter, refrigeration and sprinkler fitter licenses. For the examination of pipefitters the office of public safety and inspections of the division of occupational licensure shall use the rules and regulations from national codes as may be necessary to effectuate the licensing provisions of this chapter, including the rules and regulations of sections, I, II, III, IV, VIII, and IX of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code, the ANSI B–31 Codes, and rules and regulations formulated and adopted by the bureau. For the examination of refrigeration technicians the office of public safety and inspections of the division of occupational licensure shall use the rules and regulations from national codes as may be necessary to effectuate the licensing provisions of this chapter, including codes resulting from recommendations of the National Academy of Science for the safe handling and storage of chlorofluorocarbon materials to protect the earth's ozone layer, codes relative to the energy efficiency of refrigeration systems designed to meet national conservation goals, and the rules and regulations formulated and adopted by the bureau. For the examination of fire protection sprinkler system contractors and sprinkler fitters, the office of public safety and inspections of the division of occupational licensure shall use the rules and regulations of national codes as may be necessary to effectuate the licensing provisions of this chapter.

M.G.L. c. 146, § 84 License requirement

c. 146, § 84. License requirement Section 84. No person shall engage in the business of a master pipefitter, work as a journeyman or apprentice pipefitter, work as a refrigeration technician or work on a fire protection sprinkler system as a fire protection sprinkler system contractor or as a sprinkler fitter or apprentice sprinkler fitter, unless that person is lawfully licensed under section 85 or section 85A.

M.G.L. c. 146, § 85 License applications; examinations; fees; renewal; expiration

c. 146, § 85. License applications; examinations; fees; renewal; expiration Section 85. Each application for a license under this section shall be filed with the office of public safety and inspections of the division of occupational licensure on a blank furnished by said office. The office of public safety and inspections of the division of occupational licensure shall hold examinations in such cities and at such times as may be necessary. The fee for the first license of a master pipefitter, journeyman pipefitter, apprentice pipefitter, refrigeration contractor, fire protection sprinkler system contractor, refrigeration technician or sprinkler fitter; and for any biennial renewal thereof; or for examination therefor shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof. Licenses shall be valid throughout the commonwealth but shall not be assignable or transferable. No person, firm, organization or corporation shall receive a license as a fire protection sprinkler system contractor unless the application therefor designates at least one of its officers, partners, or manager, as its representative for the purpose of obtaining its said license and such officer, partner, or manager, so designated shall apply to the bureau for a fire protection sprinkler system contractor's license in his own name at the time. Said license shall contain the name of the fire protection sprinkler system's firm, organization, corporation and the name of the individual who actually holds a fire protection sprinkler system contractor's license. A license shall continue in force until the date of birth of the licensee occurring more than twelve months but not more than twenty-four months after the date of such license unless suspended or revoked for incompetence or untrustworthiness of the licensee. If any such license or the renewal thereof expires in an even year, any subsequent renewal shall expire on the next anniversary of the licensee's date of birth occurring in an even year. If any such license or renewal thereof expires in an odd year, any subsequent renewal shall expire on the next anniversary of the licensee's date of birth occurring in an odd year. A license issued to a person born on February twenty-ninth shall for the purpose of this section expire on March first. Licenses not renewed at the expiration date shall become void, and shall after one year be reinstated only by reexamination of the licensee; provided, however, that if the licensee is on active duty with the armed forces of the United States, the license shall remain valid until the licensee is released from active duty and for a period of not less than 90 days following that release. A notice of the date of expiration of a license shall, at least thirty days prior to such date, be set to the licensee.

M.G.L. c. 146, § 85A Apprentice sprinkler fitters

c. 146, § 85A. Apprentice sprinkler fitters Section 85A. Every apprentice sprinkler fitter shall before starting his apprenticeship file an application, accompanied by the appropriate fee, with the office of public safety and inspections of the division of occupational licensure, requesting that he be issued an apprentice license. Said application shall be made on a form to be furnished by said office, and shall require the applicant to state his age, the date on which he is to commence his apprenticeship, the name and address of his employer, and such other information as said office may require. Upon receipt thereof said office shall forthwith mail to him a certificate to that effect. A person may be employed as an apprentice sprinkler fitter by a fire protection sprinkler contractor only. Such apprentices shall work under the direct supervision of a fire protection sprinkler contractor or journeyman sprinkler fitter. A fire protection sprinkler contractor may employ one or more apprentices but not more than one apprentice may be so employed for each journeyman sprinkler fitter.

M.G.L. c. 146, § 86 Classification and limitation of licenses

c. 146, § 86. Classification and limitation of licenses Section 86. A license for a refrigeration technician, refrigeration contractor or a refrigeration trainee shall be classified and limited as to the maximum size of the refrigerating system with which the applicant is familiar in installing or servicing, and the applicant shall be licensed for that particular size of system; provided, however, that any person may make application for and, if found to be qualified, receive a license to engage in the installation and servicing of all sizes of refrigerating systems.

M.G.L. c. 146, § 87 Pipefitters, inapplicability of provisions

c. 146, § 87. Pipefitters, inapplicability of provisions Section 87. The provisions of sections eighty-one to eighty-six, inclusive, relative to the examining and licensing of pipefitters shall not apply to pipefitting performed by a person regularly in the employ of an industrial plant, firm corporation, college, gas company, electric company engaged in the generation, sale, transmission or distribution of electricity, or a utility steam distribution system as may be required on the premises and property of such industrial plant, firm corporation, hospital, school, college, gas company, electric company or utility steam distribution system, nor shall such provisions apply to such pipefitting performed by an engineer or fireman, licensed under section forty-six, in a place where he is regularly employed.

M.G.L. c. 146, § 88 Refrigeration technicians, inapplicability of provisions

c. 146, § 88. Refrigeration technicians, inapplicability of provisions Section 88. The provisions of sections eighty-one to eighty-six, inclusive, relative to the examining and licensing of refrigeration technicians, contractors or trainees shall not apply to the installation, replacement, maintenance or alteration of any air conditioning or refrigeration systems, including apparatus or equipment, covered under the provisions of this chapter as are found on the premises or property of such industrial plant, public or private utility company, firm, corporation, hospital, school or college, by a person regularly in the employ of such industrial plant, public or private utility company, firm, corporation, hospital, school or college.

M.G.L. c. 146, § 88A Exclusion from sprinkler fitter's examination and licensing requirements for certain public water system employees

c. 146, § 88A. Exclusion from sprinkler fitter's examination and licensing requirements for certain public water system employees Section 88A. (a) The sprinkler fitter's examination and licensing requirements under sections 81 to 86, inclusive, shall not apply to individuals who are: (i) regularly employed by a public water system or who are utility contractors approved and working for a public water system; and (ii) performing sprinkler fitting work related to the emergency installation and repair and the testing and maintenance of hydrants and appurtenant pipes and valves that are within the jurisdiction of the public water system; provided, however, that the exemption shall only apply to work related to hydrants and appurtenant pipes and valves and shall not include work on any other component of a fire protection sprinkler system. (b) Individuals who are regularly employed by a public water system or who are utility contractors approved and working for a public water system may perform sprinkler fitting work related to the installation, repair, testing and maintenance of hydrants and appurtenant pipes and valves of a multi-purpose system within the jurisdiction of the public water system; provided, however, that such work shall not include work on any other component of a fire protection sprinkler system. (c) The department may promulgate rules and regulations to enforce this section.

M.G.L. c. 146, § 89 Penalties

c. 146, § 89. Penalties Section 89. Any person, firm or corporation, or employee thereof, and any representative, member or officer of such firm or corporation individually, entering upon or engaging in the business and work as defined in section eighty-one, without having complied with this chapter, shall for the first offense be punished by a fine of not less than ten nor more than one hundred dollars, and for a subsequent offense by a fine of not less than fifty nor more than five hundred dollars or by imprisonment in the house of correction for six months or both. Whoever prevents, or attempts to prevent, an inspector from entering any premises in the discharge of the inspector's duty shall be punished by a fine of not less than $250 and not more than $3,000, or by imprisonment for not more than 3 months, or both such fine and imprisonment. Any person who permits an unlicensed person to engage in pipefitting, as defined in section 81, shall be punished by a fine of not less than $1,000 and not more than $3,000, or by imprisonment for not more than 3 months, or both such fine and imprisonment.

M.G.L. c. 146, § 90 Fee for the issuance of certificate of inspection

c. 146, § 90. Fee for the issuance of certificate of inspection Section 90. The owner or user of a boiler or air tank or other receptacle inspected by an inspector shall pay a fee to be determined annually by the secretary of administration and finance pursuant to section 3B of chapter 7 for the issuance of a certificate of inspection by the department.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter146Fetched: 10/20/2026