FIRES, FIRE DEPARTMENTS AND FIRE DISTRICTS

M.G.L. pt. Part I, tit. Title VII, ch. c. 48

in effect

M.G.L. c. 48, § 1 Appointment of fire wards; penalty for failure to give notice of acceptance

c. 48, § 1. Appointment of fire wards; penalty for failure to give notice of acceptance Section 1. Selectmen may annually, in March or April, appoint firewards, and shall forthwith give them notice thereof. Whoever neglects, within seven days after such notice, to file with the town clerk his acceptance or refusal of the office shall, unless excused by the selectmen, forfeit ten dollars.

M.G.L. c. 48, § 2 Duties; badge of office

c. 48, § 2. Duties; badge of office Section 2. If a fire breaks out, the firewards shall immediately repair thereto, and shall wear a suitable badge of office.

M.G.L. c. 48, § 3 Demolition of buildings

c. 48, § 3. Demolition of buildings Section 3. Three or more firewards present at a place which is in immediate danger from fire, or if there are not three of them present the selectmen or the mayor and the aldermen present, or in their absence two or more of the civil officers present, or in their absence two or more of the chief military officers of the place present may direct any building to be demolished if they deem it necessary to prevent the spread of the fire.

M.G.L. c. 48, § 4 Powers of fire officials; demolition of buildings

c. 48, § 4. Powers of fire officials; demolition of buildings Section 4. If a city by its city council or a town accepts this section or has accepted corresponding provisions of earlier laws, the official of a fire department in command at a fire shall have exclusively the power conferred by the preceding section.

M.G.L. c. 48, § 5 Indemnification for demolition

c. 48, § 5. Indemnification for demolition Section 5. If such demolition of a building is the means of stopping the fire or if the fire stops before it comes to it, the owner shall be entitled to recover reasonable compensation from the town unless it was the building in which the fire started. Such compensation shall be determined and recovered under chapter seventy-nine, as if the building demolished were taken by eminent domain.

M.G.L. c. 48, § 6 Powers and duties; commanding assistance

c. 48, § 6. Powers and duties; commanding assistance Section 6. Such firewards or other officers may require assistance for extinguishing a fire and for removing furniture, goods or merchandise from a building on fire or in danger of fire. They may appoint guards to secure the same, may require assistance for demolishing a building, and suppress tumults and disorders at fires.

M.G.L. c. 48, § 7 Powers and duties; direction of fire fighting operations; penalty for noncompliance

c. 48, § 7. Powers and duties; direction of fire fighting operations; penalty for noncompliance Section 7. They may direct the stations and operations of the enginemen with their engines and of all other persons, for the purpose of extinguishing the fire. Whoever refuses or neglects to obey such orders shall be punished by a fine of not more than ten dollars.

M.G.L. c. 48, § 8 Appointment of forest wardens; tenure

c. 48, § 8. Appointment of forest wardens; tenure Section 8. The mayor in cities, subject to charter provisions, and, except as provided in section forty-three, the selectmen in towns, shall annually, in June, appoint a forest warden, and forthwith give notice thereof to the commissioner of environmental management, in this chapter called the forester. The same person may hold the offices of tree warden, selectman, chief of the fire department and forest warden. The forest warden so appointed shall hold office for one year and until his successor is appointed and qualified. Upon the failure of the mayor of a city or the selectmen of a town to make such appointment in the month of June or within thirty days after the office becomes vacant through any cause, the forester shall notify the mayor or selectmen so to do, and if the mayor or selectmen fail to comply within fourteen days after receipt of such notice, the forester may appoint as forest warden in such city or town a suitable person, who shall be a resident thereof.

M.G.L. c. 48, § 9 Duties; fire prevention

c. 48, § 9. Duties; fire prevention Section 9. If a fire occurs in woodland, the forest warden of the town, or his designee or of a town containing woodland endangered by such fire, at a place in immediate danger therefrom, may set back fires and take necessary precautions to prevent its spread.

M.G.L. c. 48, § 10 Powers; appointment of assistants; commandeering of people and property

c. 48, § 10. Powers; appointment of assistants; commandeering of people and property Section 10. The forest warden may appoint deputies to assist him in his duties and may discharge them; and he or his deputies may, if in their judgment there is danger from a forest fire, employ assistance or require any person in their town between the ages of eighteen and fifty to aid in its extinguishment or prevention, and may require the use of horses, wagons, equipment and other property adapted therefor, and shall keep an account of the time of all persons assisting them and a schedule of all property so used.

M.G.L. c. 48, § 11 Penalty for refusal of aid

c. 48, § 11. Penalty for refusal of aid Section 11. Whoever, without sufficient cause, wilfully refuses or neglects to assist or to allow the use of his property as required by the preceding section, shall be punished by a fine of not less than five nor more than one hundred dollars and may also be imprisoned for not more than two months.

M.G.L. c. 48, § 12 Compensation

c. 48, § 12. Compensation Section 12. Payment shall be made to forest wardens, their deputies, and persons assisting them, and for property used under their direction at a forest fire, at a rate prescribed by the town or, in default of its action thereon, by the selectmen. No such payment shall be made until an itemized account, approved by the forest warden under whose direction the work was done or assistance furnished, shall have been filed with the officer making payment.

M.G.L. c. 48, § 13 Setting open air fires; conditions and restrictions; penalty for violation

c. 48, § 13. Setting open air fires; conditions and restrictions; penalty for violation Section 13. No person shall set, maintain or increase a fire in the open air at any time except by permission, covering a period not exceeding two days from the date thereof, granted by the forest warden or chief of the fire department in cities and towns, or, in cities having such an official, the fire commissioner; provided, that if such permission is not in writing, a written record of the granting thereof, setting forth the date upon which permission was granted, the dates covered by such permission, the name and address of the person to whom, and the manner in which, such permission was granted, and any other necessary information relative thereto, shall be made and kept by the forest warden, chief or fire commissioner, as the case may be, and shall be open to public inspection; and provided further, that persons eighteen years of age or older may, without a permit, set, maintain or increase a reasonable fire for the purpose of cooking, upon sandy or gravelly land free from living or dead vegetation or upon sandy or rocky beaches bordering on tidewater, if the fire is enclosed within rocks, metal or other nonflammable material. The forest warden, chief or fire commissioner, as the case may be, may make it a condition for granting a permit that any burning shall be done only after four o'clock (eastern standard time) in the afternoon, and in the case of a permit for a demolition burning may make it a condition for granting such permit that sufficient fire department personnel, to be assigned by proper authority at the expense of the person seeking such permit, shall be present at such burning to control the fire until it is entirely extinguished. Any permit granted under this section may be revoked at any time. The forester may make rules and regulations relating to the granting and revocation of such permits binding throughout the commonwealth. Such rules and regulations shall take effect subject to section thirty-seven of chapter thirty, when approved by the governor and council. The forest wardens in towns and officials performing the duties of forest wardens in cities shall cause public notice to be given of the provisions of this section and shall enforce the same. Whoever violates any provision of this section shall be punished by a fine of not more than $500 plus the cost of suppression or by imprisonment for not more than one month or both. In this section, a demolition burning shall mean a fire set for the purpose of burning debris resulting from the demolition of buildings.

M.G.L. c. 48, § 15 Powers of arrest

c. 48, § 15. Powers of arrest Section 15. The forester, the state fire warden or any duly authorized assistant, the forest warden in a town or the official performing the duties of a forest warden in a city, or any duly appointed deputy forest warden, the director of the division of fisheries and wildlife, an environmental police officer or deputy environmental police officer or a fish and game warden may arrest without warrant any person found in the act of setting, maintaining or increasing a fire in violation of section thirteen. They shall take precautions to prevent the progress of forest fires, or the improper kindling thereof, and upon the discovery of any such fire shall immediately require the necessary assistance in accordance with section ten, the provisions of which and of sections eleven and twelve are hereby made applicable in such case, and shall notify the local forest warden.

M.G.L. c. 48, § 16 Definitions

c. 48, § 16. Definitions Section 16. For the purposes of this section and section sixteen A, the following words and phrases shall have the following meanings: ''Forest or woods road'', any permanently maintained road that is not a highway, the primary use of which is access to forest lands for the purpose of forest management or presuppression and suppression of forest fires. ''Highway'', any state road or land maintained by the department of highways of the commonwealth or any municipal or county maintained road, or private road other than a forest or woods road, of sufficient width to permit the simultaneous passage of two or more vehicles. ''Slash'', tops, branches, damaged trees, slabs, sawdust from milling operations, or debris left from logging or land clearing operations. Every owner, lessee, tenant or occupant of lands, or their agents or employees, or any such person or entity holding rights or interest in said land or the timber thereon, or any rights or interests therein, except electric, telephone and telegraph companies, who cuts or permits the cutting of brush, wood or timber on lands which border upon woodland of another, or upon a highway or railroad location, or upon any forest or woods road to which the public has authorized access, shall dispose of the slash caused by such cutting in accordance with the following manner: (a) hardwood slash shall not remain more than two feet above the ground within forty feet of any woodland of another, or of any railroad location, or of the outer edge of the boundary of any highway, or twenty feet from the outer edge of any forest or woods road; (b) softwood slash shall not remain on the ground within forty feet of any woodland of another, or of any railroad location, or of the outer edge of the boundary of any highway, and shall not lie more than two feet above the ground between forty feet and one hundred feet of the outer edge of the boundary of any highway, or twenty-five feet from the edge of any forest or woods road; (c) all slash resulting from such cutting operations shall be disposed of in such a manner as to minimize the danger from fire. No slash shall be permitted within twenty-five feet of any continuously flowing brook or stream, pond, river or water supply. The director of the division of forests and parks may make exceptions to this procedure in the preparation or approval of cutting plans; provided, however, that any exceptions made on lands adjacent to a state highway shall be approved by the commissioner of the department of highways. This section shall apply to cutting operations subject to the provisions of chapter one hundred and thirty-two.

M.G.L. c. 48, § 16A Handling of slash

c. 48, § 16A. Handling of slash Section 16A. Every owner, lessee, tenant or occupant of lands, or their agents or employees, or any such person or entity holding rights or interest in said lands or the timber thereon, or of any rights or interests therein, except electric, telephone and telegraph companies, who cuts or permits the cutting of brush, wood or timber on lands which border upon woodland of another, or upon a highway or railroad location, shall dispose of the slash caused by such cutting in such a manner that the same will not remain on the ground within forty feet of any woodland of another, or of any railroad location, or within one hundred feet from the center of any highway, and all slash resulting from such cutting operations shall be cut and scattered in such a manner as to minimize the danger from fire. Wherever multiple highway systems exist adjacent to cuttings, no slash shall be permitted within one hundred feet from the outer edge of the highway. No slash shall be permitted within twenty-five feet of any brook, stream, pond, river or water supply. This section shall apply to cutting or clearing operations not subject to the provisions of chapter one hundred and thirty-two.

M.G.L. c. 48, § 17 Disposition of slash cut near highways

c. 48, § 17. Disposition of slash cut near highways Section 17. Any person who cuts or causes to be cut trees, brush or undergrowth within the limits of any highway, shall dispose of the slash and brush then and there resulting from such cutting in such a manner that the same will not remain on the ground within the limits of said highway.

M.G.L. c. 48, § 18 Disposition of slash cut by public utility companies

c. 48, § 18. Disposition of slash cut by public utility companies Section 18. Electric, telephone and telegraph companies which, at the time of erecting their transmission lines, cut or cause to be cut brush, wood or timber on land which borders upon woodland of another, or upon a highway or railroad location, shall dispose of the slash caused by such cutting in such a manner that the same will not remain on the ground within forty feet of any woodland of another, or of any highway or railroad location; such companies which after the erection of their lines trim or cut brush, wood or timber which has grown up since the line was erected, and which borders upon woodland of another, or upon a highway or railroad location, shall, upon the request of the forester, and within a time limit set by him, dispose of the slash of second or subsequent cuttings if the same in his opinion constitutes a menace to adjoining property.

M.G.L. c. 48, § 19 Enforcement of regulations prohibiting accumulations of slash

c. 48, § 19. Enforcement of regulations prohibiting accumulations of slash Section 19. The forester, or any duly authorized assistant, the state fire warden and the forest wardens in cities and towns are hereby authorized to inspect wood or lumber operations, and also the rights of way of electric, telephone and telegraph companies' transmission lines, to determine whether the slash and brush are disposed of in accordance with sections sixteen to eighteen, inclusive.

M.G.L. c. 48, § 20 Penalty for violating provisions prohibiting accumulations of slash

c. 48, § 20. Penalty for violating provisions prohibiting accumulations of slash Section 20. Violation of any provision of sections 16 to 18, inclusive, shall be punished by a fine of not less than $250 nor more than $2,500.

M.G.L. c. 48, § 21 Spark arresters; requirements; penalty for noncompliance

c. 48, § 21. Spark arresters; requirements; penalty for noncompliance Section 21. Whoever operates in or adjacent to forest or grasslands any equipment or vehicle which burns any spark producing material as fuel, unless the same is provided with a suitable spark arrester approved by the United States Department of Forestry, shall be punished by a fine of not less than $50 nor more than $100 and the cost of suppression if such operation results in a response from a fire department.

M.G.L. c. 48, § 22 Inspection of machines requiring spark arresters

c. 48, § 22. Inspection of machines requiring spark arresters Section 22. The forester or his assistants or the state fire warden may inspect all appliances described in the preceding section to determine if they are provided with suitable spark arresters.

M.G.L. c. 48, § 23 Fire observation towers

c. 48, § 23. Fire observation towers Section 23. Towns may construct, in co-operation with other towns or with the commonwealth, forest fire observations towers, the situation and construction of which shall be subject to the direction of the forester.

M.G.L. c. 48, § 24 Firefighting expenditures

c. 48, § 24. Firefighting expenditures Section 24. Money appropriated by a town under section eleven of chapter forty, for the prevention of forest fires, and all fines received under sections eleven, thirteen and twenty-six of this chapter and section nine of chapter two hundred and sixty-six shall be expended by the forest warden, under the supervision of the selectmen, in trimming brush out of wood roads, in preparing and preserving suitable lines for back fires, for fire patrols, or in other ways adapted to prevent or check the spread of fire; or such town may expend any portion of such money in taking by eminent domain such woodland as the selectmen, upon recommendation of the forest warden, consider expedient to prevent forest fires. Such taking and the payment of damages therefor or for injury to property, other than by fire or back fire, shall be governed by chapter seventy-nine. In the event of a forest fire getting beyond the control of a local forest warden, the forester or his assistant may take entire charge of the extinguishment of such fire and engage all help and equipment necessary therefor. All expenses thereby incurred in a town wherein a fire occurs after the forester has so taken charge shall be divided equally between such town and the commonwealth. The expenses aforesaid shall be paid by the commonwealth upon presentation of pay rolls and vouchers approved in such manner as the forester shall direct. One half of any sums so paid shall be assessed and collected as a part of the state tax of such town.

M.G.L. c. 48, § 25 Duties; extinguishment of fires; investigation of causes; posting of warning notices

c. 48, § 25. Duties; extinguishment of fires; investigation of causes; posting of warning notices Section 25. Except as provided in section twenty-four, every forest warden shall have sole charge of the extinguishment of forest fires in his city or town. He shall investigate the causes and extent of forest fires and the injury done thereby, and shall report thereon to the forester at such times and in such form as he requires. Every forest warden shall also post in suitable places in the town such warnings against the setting of forest fires and statements of law relating thereto as may be supplied to him by the forester. The engineers or other officers in charge of fire departments in cities, towns and fire districts which have so voted shall perform the duties and exercise the powers of forest wardens with respect to forest fires.

M.G.L. c. 48, § 26 Penalty for destruction of warning notices

c. 48, § 26. Penalty for destruction of warning notices Section 26. Whoever wilfully and maliciously tears down or destroys any notice posted under the preceding section shall be punished by a fine of $100.

M.G.L. c. 48, § 27 Liability for trespass

c. 48, § 27. Liability for trespass Section 27. Forest wardens, their deputies and assistants, foresters, chief fire wardens, district fire wardens and forest fire patrolmen shall not be liable for trespass when engaged in the performance of their duties under this chapter or chapter one hundred and thirty-one, one hundred and thirty-two or one hundred and forty-eight.

M.G.L. c. 48, § 28 State fire warden; powers and duties; reports

c. 48, § 28. State fire warden; powers and duties; reports Section 28. The state fire warden appointed under section five of chapter twenty-one shall aid and advise the forest wardens and their deputies in towns and the municipal officers exercising the functions of forest wardens in cities in preventing and extinguishing forest fires and in enforcing the laws relative thereto. The forester may designate not more than fifteen assistants to aid the warden. The state fire warden shall report annually to the forester upon his work and upon the forest fires occurring in the commonwealth. This report shall be included in the report of the commissioner of environmental management relative to the acts of the forester.

M.G.L. c. 48, § 28B Fire patrols in dry areas; authorization; payment of costs

c. 48, § 28B. Fire patrols in dry areas; authorization; payment of costs Section 28B. When the forest fire hazard, as determined by the director of the division of forestry, according to the United States Forest Service standard of classification of fire danger, or its equivalent in any future classification, shall reach a burning index of fifty or higher, the forest warden, within the limits of funds appropriated for such purposes, may, and upon the order of the forester shall cause the forests of such town to be patrolled for the prevention of such fires. The cost of such patrol, if ordered by the forester, shall be paid by said town, subject to reimbursement by the commonwealth, if the valuation of such town does not exceed one million two hundred and fifty thousand dollars, as if incurred for the extinguishment of forest fires as provided in section twenty-four.

M.G.L. c. 48, § 28C Closing of forest lands during dry periods; penalty for trespassing

c. 48, § 28C. Closing of forest lands during dry periods; penalty for trespassing Section 28C. When, in the judgment of the director of the division of forests and parks, the forest fire hazard is such as to require the use of forest fire patrols in any town, all forest lands therein shall be closed to all persons except the owners thereof and the tenants of such owners or to the authorized agents of such owners and tenants and the director shall use all reasonable means to notify all persons of such closing. While such fire hazard exists, a duly authorized forest warden, deputy forest warden, chief fire warden and his assistants, environmental police officer or deputy environmental police officer may arrest without a warrant any person found within the forest lands of another without authorization from the owner or tenant thereof or without other legal authority if such person refuses to leave such forest lands upon request and such person shall be punished by a fine of not more than $100.

M.G.L. c. 48, § 36 Promotion of call men to permanent force; conditions

c. 48, § 36. Promotion of call men to permanent force; conditions Section 36. Any town which has accepted chapter four hundred and eighty-seven of the acts of nineteen hundred and thirteen, and has a call or part call fire department which now is or may hereafter be subject to chapter thirty-one, may, on the recommendation of the board of engineers of the fire department or of the officer or board having charge of the fire department, promote to membership in the permanent full-time force, without civil service examination and without any probationary period of service required under said chapter thirty-one and the rules and regulations made thereunder, any persons then in the call or part call fire department who have served as call men or part call men or substitute call men for three or more successive years, and who are certified to be competent physically for the duty by the town physician, if any, otherwise by a physician designated therefor by the board of engineers or other authority, as aforesaid; provided, at the time of said promotion to the full-time force, the person so promoted is serving in the call department on a permanent basis after certification from an eligible list established in accordance with the provisions of chapter thirty-one.

M.G.L. c. 48, § 36A Promotion of call men to regular force; conditions; qualifications

c. 48, § 36A. Promotion of call men to regular force; conditions; qualifications Section 36A. Any town which has not accepted chapter four hundred and eighty-seven of the acts of nineteen hundred and thirteen and shall accept this section by vote of the town at a town meeting, and has a call or part call fire force which now is or may hereafter be subject to chapter thirty-one, may, on the recommendation of the appointing officer of the fire department, promote to membership in the regular or permanent full-time force, without civil service examination and without any probationary period of service required under said chapter thirty-one and the rules made thereunder, any persons then in the call or part call fire force who have served as call men or part call men or substitute call men for three or more successive years, and who are certified to be competent physically for the duty by the town physician, if any, otherwise by a physician designated therefor by said appointing officer. Appointments from the call force to the regular or permanent force shall be made by the appointing officer upon certification by the personnel administrator from the list of members of the call force of firemen, in accordance with the rules of the civil service commission, except that the basis of certification shall be the order of appointment to the call force, or, if not ascertainable, the order of the respective ratings of such members obtained in the examination upon which the list of eligibles for appointment to such call force was based. No person who has passed his fiftieth birthday shall be appointed from such a call force to such a regular or permanent force.

M.G.L. c. 48, § 37 Application of sections relating to appointment of call men to regular force

c. 48, § 37. Application of sections relating to appointment of call men to regular force Section 37. The provisions of section thirty-six or section thirty-six A shall not apply to any town in which the promotion of call men to the permanent or regular force is regulated by a special act relating to such town, nor to Boston.

M.G.L. c. 48, § 39 Compensation of persons employed in fire department; procedure for acquisition

c. 48, § 39. Compensation of persons employed in fire department; procedure for acquisition Section 39. The chief engineer or other officer in charge of a fire department, and the foreman or director of each company where no fire department is established by law, shall annually on or before May first certify to the assessors of their respective towns a list of all persons in their department or companies who during the preceding year have performed all the duties required by law. The assessors shall within ten days thereafter examine such lists and certify to the treasurers of their respective towns the amount to be paid to each person named therein. Each treasurer shall, after deducting all taxes due from the persons so named, pay the amount so certified to them, or, if minors, to their parents or guardians. Upon refusal of the treasurer to pay any sum so certified, the person entitled may recover such amount in contract.

M.G.L. c. 48, § 40 Certificates of employment; penalty for refusing to file

c. 48, § 40. Certificates of employment; penalty for refusing to file Section 40. If such chief engineer or other officer wilfully refuses to make such certificate, he shall forfeit for each person entitled to be so certified not more than five dollars, to the use of such person, or, on complaint, to the use of the town; and if such engineer or other officer makes a false certificate in such case, he shall forfeit not less than $50 nor more than $100.

M.G.L. c. 48, § 41 Application of sections relating to compensation for enginemen and fire department employees

c. 48, § 41. Application of sections relating to compensation for enginemen and fire department employees Section 41. The three preceding sections shall be in force only in those towns which adopt the same by vote of their city council or at their annual town meeting, or which have so adopted corresponding provisions of earlier laws. If such adoption is revoked by the city council or by the town at an annual meeting, said sections shall cease to be in force.

M.G.L. c. 48, § 42 Establishment of fire departments; appointment of fire chief; compensation; removal; powers and duties

c. 48, § 42. Establishment of fire departments; appointment of fire chief; compensation; removal; powers and duties Section 42. Towns accepting the provisions of this section and sections forty-three and forty-four, or which have accepted corresponding provisions of earlier laws may establish a fire department to be under the control of an officer to be known as the chief of the fire department. The chief shall be appointed by the selectmen, and shall receive such salary as the selectmen may from time to time determine, not exceeding in the aggregate the amount annually appropriated therefor. He may be removed for cause by the selectmen at any time after a hearing. He shall have charge of extinguishing fires in the town and the protection of life and property in case of fire. He shall purchase subject to the approval of the selectmen and keep in repair all property and apparatus used for and by the fire department. He shall have and exercise all the powers and discharge all the duties conferred or imposed by statute upon engineers in towns except as herein provided, and shall appoint a deputy chief and such officers and firemen as he may think necessary, and may remove the same at any time for cause and after a hearing. He shall have full and absolute authority in the administration of the department, shall make all rules and regulations for its operation, shall report to the selectmen from time to time as they may require, and shall annually report to the town the condition of the department with his recommendations thereon; he shall fix the compensation of the permanent and call members of the fire department subject to the approval of the selectmen. In the expenditure of money the chief shall be subject to such further limitations as the town may from time to time prescribe. The appointment of the chief of the fire department in any town or district having a population of five thousand or less may be for a period of three years.

M.G.L. c. 48, § 42A Establishment in towns under direction of selectmen; appointment of fire chief, other officers and firemen; compensation; removal; regulations; control of department

c. 48, § 42A. Establishment in towns under direction of selectmen; appointment of fire chief, other officers and firemen; compensation; removal; regulations; control of department Section 42A. In towns which accept this section or have accepted corresponding provisions of earlier laws there shall be a fire department established under the direction of the selectmen, who shall appoint a chief of the fire department and such other officers and firemen as they deem necessary, and fix their compensation in an amount not in the aggregate exceeding the annual appropriation therefor. The selectmen may make suitable regulations governing the fire department and the officers and firemen thereof, and in towns which are not subject to chapter thirty-one may remove the chief and other officers and firemen at pleasure. The chief of the fire department shall be in immediate control of all town property used by the department, and of the officers and firemen, who shall obey his orders.

M.G.L. c. 48, § 43 Duties of fire chief; role of forest warden

c. 48, § 43. Duties of fire chief; role of forest warden Section 43. The chief of a fire department shall act as forest warden in all such towns which accept the provisions of either of the two preceding sections, and shall have authority to appoint deputy wardens and fix their compensation subject to the approval of the selectmen.

M.G.L. c. 48, § 44 Application of sections establishing a fire department and appointing and defining duties of fire chief

c. 48, § 44. Application of sections establishing a fire department and appointing and defining duties of fire chief Section 44. The three preceding sections shall not affect the tenure of office nor apply to the removal of permanent and call members of fire departments in towns which have accepted chapter thirty-one or corresponding provisions of earlier laws. Said sections shall not apply to cities.

M.G.L. c. 48, § 44A Private fire fighting units; contracts

c. 48, § 44A. Private fire fighting units; contracts Section 44A. No city or town or the Massachusetts Port Authority or the Massachusetts Development Finance Agency shall contract with a private for-profit firefighting unit to operate within said city or town or on property controlled by said authority or said agency, unless said unit has been certified by the department of fire services. Nothing in section shall prevent or preclude said Massachusetts Port Authority from the continuous operation of its airports in accordance with federal law.

M.G.L. c. 48, § 45 Engineers; appointments; removals; vacancies

c. 48, § 45. Engineers; appointments; removals; vacancies Section 45. The selectmen, except as provided in the three preceding sections, may establish a fire department, and thereafter shall annually, in April, appoint a suitable number of engineers, not exceeding twelve, for one year from the following May first, and until others are appointed in their stead; may, for cause, remove an engineer, after seven days' notice to him and a hearing, and shall fill all vacancies.

M.G.L. c. 48, § 46 Organization of engineers

c. 48, § 46. Organization of engineers Section 46. They shall, immediately after such appointment, notify each of said engineers to meet at a time and place designated. At such meeting the engineers shall choose a chief engineer, a clerk and other necessary officers.

M.G.L. c. 48, § 47 Engineers; powers and duties

c. 48, § 47. Engineers; powers and duties Section 47. The engineers, in the extinguishment of fires, shall exercise the powers of firewards and, in the nomination and appointment of such firefighters as necessary therefor, shall exercise the powers and perform the duties of selectmen. They may appoint such men to the engines, hose and hook and ladder carriages, and constitute such companies for securing property endangered by fire, as they deem expedient.

M.G.L. c. 48, § 48 Organization of firefighters

c. 48, § 48. Organization of firefighters Section 48. Firefighters may organize companies, elect officers and establish such regulations and by-laws as the board of engineers approve; and may annex penalties for the violation thereof, not exceeding ten dollars for each offence, which may be recovered by the clerk to the use of the company.

M.G.L. c. 48, § 49 Engineers; duties; liabilities; privileges and exemptions

c. 48, § 49. Engineers; duties; liabilities; privileges and exemptions Section 49. The engineers and all persons appointed by them shall perform the duties, be subject to the liabilities and entitled to the privileges and exemptions of enginemen appointed by selectmen.

M.G.L. c. 48, § 51 Penalty for failing to maintain proper fire fighting equipment

c. 48, § 51. Penalty for failing to maintain proper fire fighting equipment Section 51. A town or the engineers thereof violating any provision of the preceding section shall forfeit not less than fifty nor more than five hundred dollars.

M.G.L. c. 48, § 51A Breathing apparatus

c. 48, § 51A. Breathing apparatus Section 51A. Each city, town or district shall equip any fire apparatus operated by it with at least three self-contained breathing apparatus, so-called. Such breathing apparatus shall contain a minimum of 30 minutes of air or oxygen and shall be equipped with an audible alarm to indicate to the wearer thereof and to any other person in the area that there is a specific designated minimum supply of air or oxygen still present and that such wearer should leave a contaminated area. Any such breathing apparatus shall, in addition to the above, meet the requirements of the standards set up by the National Fire Protection Association for self-contained breathing apparatus. The provisions of this section shall not apply to fire apparatus designed solely for extinguishing woods or brush fires.

M.G.L. c. 48, § 52 Board of engineers; duties

c. 48, § 52. Board of engineers; duties Section 52. The board of engineers shall have the care and superintendence of fire apparatus and related equipment, buildings, fixtures, and equipment and all pumps, reservoirs for water and apparatus owned by the town and used for extinguishing fires and shall cause the same to be kept in repair or renewed and shall make necessary alterations therein and additions thereto at an expense not exceeding $1,000 in any one year unless the town has authorized a larger appropriation.

M.G.L. c. 48, § 53 Engineers; promulgation of rules and regulations for fire prevention

c. 48, § 53. Engineers; promulgation of rules and regulations for fire prevention Section 53. They may make regulations as to the carrying of fire, firebrands, lighted matches or other ignited materials openly in the streets or thoroughfares of their town, or of such parts thereof as they may designate, or as to prohibiting owners or occupants of buildings within their town, or such part thereof as they may designate, from maintaining any defective chimney, hearth, oven, stove or stove pipe, fire frame or other fixture, deposit of ashes or whatever may give just cause of alarm or be the means of kindling or spreading fire. Whoever violates any such rule or regulation shall forfeit not more than $200.

M.G.L. c. 48, § 54 Engineers; promulgation of rules and regulations relating to conduct at fires; penalty for noncompliance

c. 48, § 54. Engineers; promulgation of rules and regulations relating to conduct at fires; penalty for noncompliance Section 54. They may make regulations, consistent with law, for their own government and for the conduct of citizens at fires, and annex penalties for violation thereof not exceeding $200 for each offence, to be recovered by the chief engineer and appropriated to the improvement of the fire apparatus of the town; but such regulations shall be approved by the town and published as it may direct.

M.G.L. c. 48, § 55 Tenure of members

c. 48, § 55. Tenure of members Section 55. A town which has established a fire department may vote to fix the term of office for the members of such department at one year from a designated day, and may at the same time determine the then current term of office of members of fire departments; but no term shall be made shorter than six or longer than eighteen months, and the incumbents shall hold office until others are appointed in their stead. In such cases all provisions of this chapter referring to the month of May shall be construed to refer to the first month of the year thus designated.

M.G.L. c. 48, § 56 Hours of labor

c. 48, § 56. Hours of labor Section 56. Except in towns subject to section fifty-nine, any city by ordinance and any town by by-law may establish the hours of labor of the members of its fire department.

M.G.L. c. 48, § 57 Days off; vacations

c. 48, § 57. Days off; vacations Section 57. Subject to section fifty-nine, members of the fire department of every city which accepted chapter five hundred and forty-six of the acts of nineteen hundred and twelve or chapter ninety-seven of the General Acts of nineteen hundred and fifteen, shall be excused from duty for one day out of every five days, without loss of pay. The time and manner of so excusing members shall be determined by the chief, or other officer or board at the head of the fire department, who shall have authority, in case of any public emergency, to prevent any member of the department from taking the day off herein provided for at the time when he is entitled thereto or at the time assigned therefor; but such day off shall be granted to him as soon thereafter as practicable, and such days shall be in addition to any annual vacation allowed to the members of said departments, and such annual vacation shall not be diminished on account of the days off herein provided for.

M.G.L. c. 48, § 57A Days off for working on holidays

c. 48, § 57A. Days off for working on holidays Section 57A. If any permanent member of the fire fighting force or fire alarm division of a fire department of a city or town is required to serve a tour of duty during the twenty-four hour period commencing at eight o'clock in the morning of January the first, July the fourth or Christmas day, or the day following when any of said days occurs on Sunday, or the third Monday in February, the third Monday in April, the last Monday in May, the first Monday in September, the second or fourth Monday in October or Thanksgiving day, he shall be given an additional day off, or, if such additional day off cannot be given because of personnel shortage or other cause, he shall be entitled to an additional day's pay; provided, that any such member who, through a rotation of shifts, works different days in successive weeks shall be granted, in each year in which the number of holidays falling on his regular days off is in excess of the number of holidays in such year falling on Saturday, additional days off equal to the excess, and, if any such additional day off cannot be given because of personnel shortage or other cause, an additional day's pay shall be allowed in lieu thereof. This section shall take effect in a city having a Plan E charter when accepted by the affirmative vote of a majority of the city council, and in the case of other cities by vote of the city council, subject to the provisions of its charter, and in a town by a majority vote at an annual town meeting, but not otherwise.

M.G.L. c. 48, § 57B Fire fighters; attendance of AFL–CIO–CLC convention

c. 48, § 57B. Fire fighters; attendance of AFL–CIO–CLC convention Section 57B. Members of the fire department in any city, town, or fire district adopting this section may be excused from duty for not more than four days in any year without loss of pay while in attendance as an official delegate to the Professional Fire Fighters of Massachusetts, AFL–CIO–CLC convention held within the commonwealth.

M.G.L. c. 48, § 57C Fire fighters; attendance of Massachusetts Permanent Firemen's Association or Massachusetts State Firemen's Association conventions

c. 48, § 57C. Fire fighters; attendance of Massachusetts Permanent Firemen's Association or Massachusetts State Firemen's Association conventions Section 57C. Members of the fire department in any city or town accepting the provisions of this section may be excused from duty for not more than two days in any year without loss of pay while in attendance as an official delegate to the convention of the Massachusetts Permanent Firemen's Association or the Massachusetts State Firemen's Association held within the commonwealth; provided, however, that any such member who attends both such conventions as an official delegate may be excused from duty for not more than four days in any year.

M.G.L. c. 48, § 57D Fire fighters; working on holidays; additional pay or day off

c. 48, § 57D. Fire fighters; working on holidays; additional pay or day off Section 57D. If any permanent member of the fire fighting force or fire alarm division of a fire department of a city or town which accepts this section is required to be on duty at any time on January the first, July the fourth or Christmas day, or the day following when any of said days occurs on Sunday, or the third Monday in February, the third Monday in April, the last Monday in May, the first Monday in September, the second or fourth Monday in October or Thanksgiving day, he shall be given an additional day off, or, if such additional day off cannot be given because of personnel shortage or other cause, he shall be entitled to an additional day's pay; provided, that in the case of any such member whose regular day off or vacation day or a day on which he is absent from duty because of injuries received in the performance of his duties falls on any of the aforementioned holidays, an additional day off shall be allowed, or payments in lieu of one day shall be allowed. Such day's pay shall be one fifth of his regular weekly salary. Section fifty-seven A shall not apply in any such city or town.

M.G.L. c. 48, § 57E Fire chiefs; working on holidays; additional pay

c. 48, § 57E. Fire chiefs; working on holidays; additional pay Section 57E. If the chief of a fire department of a city or town or the chief, chief engineer or head of a fire department of a fire district is on duty at any time on January the first, July the fourth or Christmas day, or the day following when any of said days occurs on Sunday, or the third Monday in February, the third Monday in April, the last Monday in May, the first Monday in September, the second or fourth Monday in October or Thanksgiving day, he shall be granted an additional day's pay.

M.G.L. c. 48, § 57G Compensation of certain heads of fire and police departments

c. 48, § 57G. Compensation of certain heads of fire and police departments Section 57G. The permanent, full-time fire chief or chief engineer of a fire department in any city, other than Boston, or town or fire district, and the permanent, full-time chief of police or superintendent of police, or city marshall, in any city, other than Boston, or town shall receive an annual base rate of compensation which shall not be less than the following ratios of the highest annual rate of compensation of a permanent, full-time firefighter, or a permanent, full-time police officer or patrolman, as the case may be: 1. In departments having less than twelve permanent, full-time police officers or firefighters, the ratio shall be: 1.5. 2. In departments having not less than twelve nor more than twenty-nine permanent, full-time police officers or firefighters, the ratio shall be: 1.8. 3. In departments having thirty or more permanent, full-time police officers or firefighters, the ratio shall be: 2.0. The provisions of this section relative to a city, town or fire district shall be in effect only in a city, town or fire district which accepts this section.

M.G.L. c. 48, § 57H Union officers; leave to perform elected responsibilities

c. 48, § 57H. Union officers; leave to perform elected responsibilities Section 57H. The elected officers of the Professional Firefighters of Massachusetts, AFL–CIO–CLC shall be granted leave, if on duty, by the municipal employer for those regularly scheduled work hours spent in the performance of their elected responsibilities in such organization.

M.G.L. c. 48, § 57I Officers of professional organization; leave without loss of pay or benefits

c. 48, § 57I. Officers of professional organization; leave without loss of pay or benefits Section 57I. In any city, town or district which accepts the provisions of this section, elected officers of the Professional Firefighters of Massachusetts, AFL–CIO–CLC, shall be granted leave, without loss of pay or benefits and without being required to make up lost time, if on duty, by the municipal employer for regularly scheduled work hours spent in the performance of their elected responsibilities in such organization.

M.G.L. c. 48, § 58 Fire chiefs; tenure; removal; conditions

c. 48, § 58. Fire chiefs; tenure; removal; conditions Section 58. In every town which accepted chapter two hundred and ninety-one of the General Acts of nineteen hundred and sixteen or chapter one hundred and forty of the General Acts of nineteen hundred and seventeen, or in which the provisions of chapter thirty-one were, on April third, nineteen hundred and seventeen, applicable to the chief of the fire department thereof, such chief shall hold his office continuously during good behavior unless incapacitated by physical or mental disability to perform the duties of his position; provided, that in every such city the official having the power of appointment, with the consent of the confirming board, if any, and in every such town, the selectmen, may, for just cause and for reasons specifically assigned by said official or selectmen, remove such chief, first giving him a copy of such reasons and allowing him a reasonable time to answer them in writing. A copy of the reasons, notice and answer, and of the order of removal, shall be filed with the town clerk.

M.G.L. c. 48, § 58A Hours of duty of permanent firemen; application of sections relating to hours of duty

c. 48, § 58A. Hours of duty of permanent firemen; application of sections relating to hours of duty Section 58A. The hours of duty of the permanent members of the uniformed fire fighting force in every city in which this section is accepted by the mayor and by the city council and in every town in which it is accepted by vote of the town at an annual town meeting shall be so established by the fire commissioner, board of fire commissioners, chief engineer, board of engineers, or other officers having charge of fire fighting that the average weekly hours of duty in any year, other than hours during which such members may be summoned and kept on duty because of conflagrations, shall not exceed seventy in number; provided that any such city by ordinance and any such town by by-law may establish such weekly hours of duty at less than seventy. Sections fifty-six, fifty-seven and fifty-nine shall not apply to the permanent members of the uniformed fire fighting force in any such city or town.

M.G.L. c. 48, § 58B Hours of duty of permanent firemen; limitations; application of other sections relating to hours of duty; acceptance of provision by electorate

c. 48, § 58B. Hours of duty of permanent firemen; limitations; application of other sections relating to hours of duty; acceptance of provision by electorate Section 58B. The hours of duty of the permanent members of the uniformed fire fighting force in every city and town in which this section is accepted as hereinafter provided shall be so established by the fire commissioner, board of fire commissioners, chief engineer, board of engineers, or other officers having charge of fire fighting that the average weekly hours of duty in any year, other than hours during which such members may be summoned and kept on duty because of conflagrations, shall not exceed forty-eight in number; provided that any such city by ordinance and any such town by by-law may establish such weekly hours of duty at less than forty-eight. Sections fifty-six, fifty-seven, fifty-eight A and fifty-nine shall not apply to the permanent members of the uniformed fire fighting force in any such city or town. Upon petition of not less than ten per cent of the registered voters in any city or town, duly certified by the registrars of voters and filed with the state secretary not less than sixty days before a state election, or filed with a city or town clerk not less than sixty days before a municipal election, the state secretary, or the city or town clerk shall cause to be printed upon the official ballot to be used in such city or town at such state or municipal election the following question:—''Shall section fifty-eight B of chapter forty-eight of the General Laws, providing for a forty-eight hour week for permanent members of fire departments, be accepted?'' If a majority of the votes cast on said question in any city or town are in the affirmative, this section shall take effect in such city or town ninety days thereafter.

M.G.L. c. 48, § 58C Overtime; compensation

c. 48, § 58C. Overtime; compensation Section 58C. If an officer or member, other than the chief, of the fire fighting force of the fire department of a city, town or fire district shall be required to be on duty for any period in excess of his regular hours of duty as from time to time established, he may be given time off equal to such period of overtime duty or, if time off cannot be given by reason of a personnel shortage or other cause, he may be paid for such period of overtime duty at such an hourly rate as may be determined by the authority in charge of a fire department, which rate shall in no event be less than one and one half of the basic hourly rate of his regular compensation for his average weekly hours of regular duty.

M.G.L. c. 48, § 58D Hours of duty of permanent firemen; application of sections relating to hours of duty; acceptance of provisions

c. 48, § 58D. Hours of duty of permanent firemen; application of sections relating to hours of duty; acceptance of provisions Section 58D. The hours of duty of the permanent members of the uniformed fire fighting force in every city and town in which this section is accepted as hereinafter provided shall be so established by the fire commissioner, board of fire commissioners, chief engineer, board of engineers, or other officers having charge of fire fighting that the average weekly hours of duty in any year, other than hours during which such members may be summoned and kept on duty because of conflagrations, shall not exceed forty-two in number; provided, that any such city by ordinance and any such town by by-law may establish such weekly hours of duty at less than forty-two. Sections fifty-six, fifty-seven, fifty-eight A, fifty-eight B and fifty-nine shall not apply to the permanent members of the uniformed fire fighting force in any such city or town. This section shall become effective in a city having a Plan D or Plan E charter when accepted by a majority of the members of the city council, and, in the case of other cities, by vote of the city council and the approval of the mayor, and in a town by a majority vote at the annual town meeting, or in any city or town in which the question of adopting this section is placed before the voters thereof, in the manner set forth in the following paragraph, and a majority of the voters voting at such election vote in the affirmative on such question. Upon petition of not less than five per cent of the registered voters in any city or town, duly certified by the registrars of voters and filed with the state secretary not less than sixty days before a state election, or filed with a city or town clerk not less than sixty days before a municipal election, the state secretary, or the city or town clerk, as the case may be, shall cause to be printed upon the official ballot to be used in such city or town at such state or municipal election the following question:—''Shall section fifty-eight D of chapter forty-eight of the General Laws, providing for a forty-two hour work week for permanent members of fire departments, be accepted?'' If a majority of the votes cast on said question in any city or town are in the affirmative, this section shall take effect in such city or town ninety days thereafter.

M.G.L. c. 48, § 58E Fire fighters; residence

c. 48, § 58E. Fire fighters; residence Section 58E. In any city or town which accepts this section, applicants for positions in and members of the regular fire department of said city or town may reside outside said city or town; provided, they reside within the commonwealth and within ten miles of the limits of said city or town.

M.G.L. c. 48, § 59 Platoon system; submission to electorate

c. 48, § 59. Platoon system; submission to electorate Section 59. The permanent members of the uniformed fire fighting force in every town which accepts this section or has accepted corresponding provisions of earlier laws shall be divided by the fire commissioner, board of fire commissioners, chief engineer, board of engineers, or other officers having charge of the fire fighting force into two bodies or platoons, which shall be designated as a day force and a night force, and shall alternate on tours of duty every third day. The hours of duty of the day force shall be from eight o'clock in the forenoon to six o'clock in the afternoon, and the hours of duty of the night force shall be from six o'clock in the afternoon to eight o'clock in the forenoon; provided, that on every third day, for the purpose of alternating the day force with the night force and vice versa, the number of hours of duty herein stated may be exceeded, but one force shall be at liberty at all times, except that in case of a conflagration the officer or board having charge of the fire fighting force shall have full authority to summon and keep on duty all members of the fire fighting force while the conflagration continues. This section shall not affect any law, ordinance or by-law relative to salary, pensions, annual vacations or sick or disability leave of absence of the members of the fire fighting force in any town subject to this section. Sections fifty-six and fifty-seven shall not apply to the permanent members of the uniformed fire fighting force in any such town. All ordinances or by-laws, or parts thereof, affecting the number that may be appointed as members of a fire fighting force, or the meal hours or days off of the members of the fire department of any such town, shall have no force after its acceptance becomes effective. Upon petition of not less than ten per cent of the registered voters in any town, duly certified by the registrars of voters and filed with the town clerk not less than sixty days before any annual town meeting, the town clerk shall cause to be printed upon the official ballot used for the election of town officers at such annual town meeting the following question: ''Shall section fifty-nine of chapter forty-eight of the General Laws, providing for the division into day and night forces of permanent members of fire departments, known as the two platoon system, be accepted?'' If a majority of the votes cast on the said question in any town are in the affirmative, this section shall take effect in such town ninety days thereafter.

M.G.L. c. 48, § 59A Aid to other municipalities; authorization; fire departments defined; payment for damages

c. 48, § 59A. Aid to other municipalities; authorization; fire departments defined; payment for damages Section 59A. Cities, towns and fire districts may, by ordinance or by-law, or by vote of the board of aldermen, selectmen or of the prudential committee or board exercising similar powers, authorize their respective fire departments to go to aid another city, town, fire district or area under federal jurisdiction in this commonwealth or in any adjoining state in extinguishing fires therein, or rendering any other emergency aid or performing any detail as ordered by the head of the fire department, or the Joint Base Cape Cod fire district and while in the performance of their duties in extending such aid the members of such departments shall have the same immunities and privileges as if performing the same within their respective cities, towns or districts. Any such ordinance, by-law or vote may authorize the head of the fire department to extend such aid, subject to such conditions and restrictions as may be prescribed therein. The words ''fire departments'' as used in this section shall mean lawfully organized fire fighting forces, however constituted. During the course of rendering such aid to another municipality, the municipality rendering aid shall be responsible for the operation of its equipment and for any damage thereto, and, subject to the limitations of municipal liability, for personal injury sustained or caused by a member of its fire department, and for any payments which it is required to make to a member of said department or to his widow or other dependents on account of injuries or death, notwithstanding paragraph (b) of subdivision (4) of section seven of chapter thirty-two, unless such municipalities have a written agreement to the contrary.

M.G.L. c. 48, § 59B Establishment of reserve force of firemen; conditions

c. 48, § 59B. Establishment of reserve force of firemen; conditions Section 59B. Any city, except Boston, in which the city council, with the approval of the mayor, accepts this and the two following sections, may establish a reserve force of firemen in its fire department; and appointments thereto and removals therefrom shall, subject to chapter thirty-one, be made in the same manner as appointments to the regular or permanent force of the fire department of said city.

M.G.L. c. 48, § 59C Membership

c. 48, § 59C. Membership Section 59C. The number of members of such reserve force shall not exceed five in cities in which the number of members of the regular force does not exceed fifteen. If the number of members of the regular force exceeds fifteen, one member may be added to the reserve force for every three of the regular force above fifteen and not above thirty; one for every five of the regular force above thirty and not above eighty; and one for every ten of the regular force above eighty.

M.G.L. c. 48, § 59D Duties; compensation

c. 48, § 59D. Duties; compensation Section 59D. The mayor, chief of the fire department or the officer or board having charge of the said department in a city wherein such reserve force is established may assign the members thereof to duty in the said department whenever and for such length of time as he or it may deem necessary. The compensation of the members of said reserve force shall be fixed by the city council. Except as provided in this and the two preceding sections, no provision of law applicable to the regular or permanent fire force of the fire department of a city shall apply to such reserve force or the members thereof except when assigned to duty as aforesaid.

M.G.L. c. 48, § 59E Appointments from civil service eligible list

c. 48, § 59E. Appointments from civil service eligible list Section 59E. In any city which has accepted sections fifty-nine B to fifty-nine D, inclusive, and accepts this section, and in any city or town which has a reserve force of firemen under authority of special law and accepts this section, no person shall, after the date of acceptance of this section, be appointed to the reserve force of firemen thereof unless appointments to such force are subject to chapter thirty-one and the name of such person shall have been placed, on or before said date, on an eligible list established under said chapter and the rules made thereunder for such appointments.

M.G.L. c. 48, § 60 Establishment of fire departments in districts; duties of officers

c. 48, § 60. Establishment of fire departments in districts; duties of officers Section 60. Fire departments may be established in districts containing not less than one thousand inhabitants, or not less than five hundred inhabitants in towns the population of which does not exceed two thousand; and the officers thereof shall have charge of and be responsible for the apparatus for the extinguishment of fire therein, in the same manner as firewards and enginemen of towns.

M.G.L. c. 48, § 61 Establishment of district; procedure

c. 48, § 61. Establishment of district; procedure Section 61. Before a district is constituted and organized, a petition shall be presented to the town at a meeting, stating the limits of the proposed district, and requesting the town to raise taxes for the establishment and maintenance of a sufficient fire department for the reasonable protection of the inhabitants and property within said limits. If the town refuses or neglects so to do, the inhabitants of the proposed district may organize it and establish a fire department therein.

M.G.L. c. 48, § 62 Organization; notice of meeting

c. 48, § 62. Organization; notice of meeting Section 62. The selectmen, on written application of not less than seven freeholders, inhabitants of such proposed district, setting forth the limits thereof, and requiring them to notify a meeting of the voters thereof to consider the expediency of organizing such district and establishing a fire department, shall forthwith give such notice in the manner of notifying town meetings, requiring the voters to assemble at some suitable place within the district for said purpose, the substance of which shall be expressed in the notice. If the selectmen refuse or neglect to give notice of such meeting, a justice of the peace may do so.

M.G.L. c. 48, § 63 Election of clerk; removals; vacancies

c. 48, § 63. Election of clerk; removals; vacancies Section 63. If at such meeting the voters determine to organize such district, they shall choose a clerk, who shall be sworn. He may be removed by the district, and in case of a vacancy another may be chosen; or in such case, or in case of his disability, the selectmen may appoint a temporary clerk, who shall be sworn and shall perform such duties until the vacancy is filled or the disability removed. Immediately upon the establishment of such a district, written notice thereof shall be sent by the clerk to the commissioner of revenue.

M.G.L. c. 48, § 64 Establishment of fire department

c. 48, § 64. Establishment of fire department Section 64. The district at such meeting may vote to establish a fire department, to consist of a chief engineer and as many assistant engineers, enginemen, hosemen and hook and ladder men as they may consider necessary, not exceeding seventy-five for each suction engine, thirty-five for each common engine, five for each one hundred and fifty feet of leading hose kept for use within the district, and not exceeding twenty-five hook and ladder men. Each of said officers and members shall be furnished with a certificate, signed by the chief engineer and clerk, declaring his station in the department.

M.G.L. c. 48, § 65 Selection of engineers

c. 48, § 65. Selection of engineers Section 65. The chief engineer and assistant engineers shall be chosen for terms not exceeding three years; provided, however, that the district, at any meeting held in accordance with section 66, may vote to authorize the prudential committee to appoint the chief engineer and assistant engineers on merit for an indefinite period of time. A chief engineer or assistant engineer may be removed for cause at any time after a hearing by such prudential committee. Fire districts may accept the provisions of section 42.

M.G.L. c. 48, § 66 District meetings; time; manner of giving notice; selection of moderator

c. 48, § 66. District meetings; time; manner of giving notice; selection of moderator Section 66. Every district meeting, except as otherwise provided by special law, shall be called in pursuance of a warrant under the hands of the prudential committee, notice of which shall be given seven days at least before such meeting. The warrant shall be directed to a constable of the town, or to some other person, who shall forthwith give notice of such meeting in the manner prescribed by the by-laws, or, if there are no by-laws, by a vote of the district, or by posting in two or more public places or advertising in a newspaper published in the town in which the district is located, if any, otherwise in a newspaper published in the county. The warrant for all district meetings shall state the time and place of holding the meeting and the subjects to be acted upon thereat. The prudential committee shall insert in the warrant for the annual meeting all subjects the insertion of which shall be requested of them in writing by ten or more registered voters of the town residing in the territory comprising the district and in the warrant for every special district meeting all subjects the insertion of which shall be requested of them in writing by fifty registered voters or by ten per cent of the total number of the registered voters of the town residing within the territory comprising the district. The prudential committee shall call a special district meeting upon request in writing of one hundred registered voters or of twenty per cent of the total number of registered voters of the town residing within the territory comprising the district, such meeting to be held not later than thirty days after the receipt of such request, and shall insert in the warrant therefor all subjects the insertion of which shall be requested by said petition. No action shall be valid unless the subject matter thereof is contained in the warrant. Two or more distinct district meetings for distinct purposes may be called by the same warrant. At every meeting a moderator shall be chosen by ballot, unless the district has voted to elect a moderator for a term as provided by section fourteen of chapter thirty-nine. The moderator shall have the powers of the moderator of the town meeting.

M.G.L. c. 48, § 67 Voting lists; preparation and correction

c. 48, § 67. Voting lists; preparation and correction Section 67. The registrars of voters of towns containing fire districts, or the prudential committee in districts composed of portions of two or more towns, shall, at least ten days before the annual fire district election, make correct alphabetical lists of all persons qualified to vote at such election; shall cause such lists to be posted in two or more public places in said district; and shall correct said lists in the same manner as they are required by law to correct voting lists for town elections.

M.G.L. c. 48, § 68 Application sections relating to the deposit of ballots

c. 48, § 68. Application sections relating to the deposit of ballots Section 68. Section eight of chapter forty-one and sections eighty-three and one hundred and six of chapter fifty-four shall apply to fire districts.

M.G.L. c. 48, § 69 Taxation; purposes

c. 48, § 69. Taxation; purposes Section 69. Such districts may, at meetings called therefor, raise money by taxation for the purchase of engines and other articles necessary for the extinguishment of fires, for hydrant and water service, for the purchase of land, for the erection and repairs of necessary buildings, for the erection and maintenance of street lamps within their limits, for the purchase, operation and maintenance of ambulances, for the payment of a proper charge of an insurance company for acting as surety on an official bond which may be given to such district by any of its officers, and for other incidental expenses of the fire department. The prudential committee of such district may accept an insurance company as sufficient surety upon such bond.

M.G.L. c. 48, § 71 Prudential committee; selection; duties; treasurer; bond; duties

c. 48, § 71. Prudential committee; selection; duties; treasurer; bond; duties Section 71. Such districts shall choose a prudential committee, which shall expend, for the purposes prescribed by the district, the money so raised or borrowed, and shall choose a treasurer, who shall give bond for the faithful performance of his official duties in a sum and with sureties approved by the prudential committee. He shall receive all money belonging to the district, and shall pay over and account for the same according to its order or that of the prudential committee.

M.G.L. c. 48, § 72 Temporary treasurer; bond

c. 48, § 72. Temporary treasurer; bond Section 72. If the treasurer is prevented from performing his official duties, or if the office is vacant, the prudential committee may in writing appoint a temporary treasurer, who shall give a bond in like manner as the treasurer and shall hold his office until another is chosen.

M.G.L. c. 48, § 73 Collection of taxes

c. 48, § 73. Collection of taxes Section 73. The clerk shall certify to the assessors of the town all votes of the district authorizing interest to be added to taxes and all sums of money voted to be raised, which shall be assessed and collected in the same manner as town taxes, and shall be paid over to the district treasurer. The assessors, treasurer and collector of a town in which such district is organized shall have the same powers and perform the same duties relative to the assessment and collection of the money voted by the fire district as they have and exercise relative to the assessment, collection and abatement of town taxes, and the sums so voted shall be assessed upon the property, real and personal, within the district.

M.G.L. c. 48, § 74 Board of engineers; rules and regulations; appointment of personnel

c. 48, § 74. Board of engineers; rules and regulations; appointment of personnel Section 74. The board of engineers may make and publish rules and regulations as provided in case of fire departments by sections fifty-three and fifty-four. It may appoint and remove enginemen, hosemen and hook and ladder men, and fill vacancies in the companies.

M.G.L. c. 48, § 75 Engineers; extent of authority; liability of districts

c. 48, § 75. Engineers; extent of authority; liability of districts Section 75. Engineers shall have and exercise within their district the powers and authority of firewards of towns relating to the extinguishment of fires and the demolition of buildings; and districts shall be liable in the same manner for acts done by such engineers, or by their orders, as towns for acts done by firewards.

M.G.L. c. 48, § 76 Firemen; privileges and immunities; compensation

c. 48, § 76. Firemen; privileges and immunities; compensation Section 76. Members of the fire department of such district shall have the immunities and privileges of firewards and enginemen of towns, and shall receive such compensation as the district determines.

M.G.L. c. 48, § 77 Authentication of district rules and regulations

c. 48, § 77. Authentication of district rules and regulations Section 77. No by-law, rule or regulation adopted by a fire district imposing a penalty shall be in force until approved by the attorney general and published at least three times in one or more newspapers, if any, published in the town; otherwise, in one or more newspapers published in the county where the fire district is situated.

M.G.L. c. 48, § 77A Holding real estate for public use; lease of land or public building

c. 48, § 77A. Holding real estate for public use; lease of land or public building Section 77A. A fire district may hold real estate for the public use of its inhabitants and may by its prudential committee let or lease for not more than ten years, on such terms as said committee may determine, land, a public building or part thereof.

M.G.L. c. 48, § 78 Recovery of penalties; prosecution; disposition

c. 48, § 78. Recovery of penalties; prosecution; disposition Section 78. Penalties under any of the four preceding sections may be recovered in tort in the name of the chief engineer and appropriated to expenses of the fire department of the district, or on complaint or indictment to the use of the commonwealth. If the chief engineer dies, resigns or removes during the pendency of such action, it shall not abate, but his successor shall be admitted to prosecute it. Residence in the district shall not disqualify a judge, juror or officer in such action.

M.G.L. c. 48, § 79 Annexation and exclusion

c. 48, § 79. Annexation and exclusion Section 79. A district, at a meeting called therefor, may annex adjacent territory and its inhabitants, if a majority of the voters of said territory petition therefor, defining the limits thereof; or may, on the petition of any person, with the assent of the town containing such district, exclude him or his estate therefrom; provided, however, that such exclusion shall be granted by the district without such assent of the town if the petitioner or his estate is so situated as to be unable to benefit from any fire or water facilities owned by the district, or is so situated as to be more accessible to the fire or water facilities of another fire district; and provided, further, that such exclusion shall not be granted by the district if the petitioner or his estate is so situated as to be able to benefit either from the fire facilities or the water facilities owned by the district. The petition for exclusion shall be filed with the prudential committee of the district not later than the date set for the filing of petitions for the insertion of articles in the warrant of the district meeting at which the petition is to be acted upon, and shall state the petitioner's reason for seeking exclusion. The prudential committee shall cause an appropriate article to be inserted in the warrant for said meeting, shall examine the reason stated and shall report its findings, with recommendations, to said meeting. Any such petitioner, aggrieved by the action of the prudential committee, or by the action of the voters of the district on his petition, may appeal to the superior court sitting in equity within the county in which the district is located for a remedy. Upon such appeal, said court shall, if the reason set forth by the petitioner is found to lie within the intent of this section, grant such exclusion. The grant of exclusion shall exempt the person and estate of the petitioner from any tax levied by reason of any appropriation made by the district after the filing of the petition as provided herein.

M.G.L. c. 48, § 80 Continuance of existing districts

c. 48, § 80. Continuance of existing districts Section 80. Fire districts heretofore legally organized shall continue and be subject to the provisions of this chapter relative to fire districts.

M.G.L. c. 48, § 81 Appropriation

c. 48, § 81. Appropriation Section 81. The sum of eighteen thousand dollars may be paid annually from the state treasury to furnish relief to firemen injured in the performance of their duty at a fire or in going thereto or returning therefrom, or while engaged in company drills, when such drills are ordered by the chief, acting chief or board of engineers of the fire department, or required by city ordinance or town by-law, and to widows and children of firemen killed in the performance of such duty. Payments on account of said relief shall be determined in manner and amount, on properly approved vouchers, by the commissioners on firemen's relief, in the same manner as other claims against the commonwealth. Five hundred dollars of the amount hereby authorized may be expended for the traveling and incidental expenses of said commissioners.

M.G.L. c. 48, § 82 Additional persons eligible for benefits

c. 48, § 82. Additional persons eligible for benefits Section 82. Any officer or member in active service in an incorporated protective department co-operating with a fire department, and any person performing the duties of a fireman in a town having no organized fire department, shall be entitled to the benefits provided by the preceding section.

M.G.L. c. 48, § 83 Allowance to families of deceased firemen; exception

c. 48, § 83. Allowance to families of deceased firemen; exception Section 83. If a person entitled under either of the two preceding sections to the benefits provided in section eighty-one is killed, or dies within sixty days from injuries received, while in the performance of duties entitling him to such benefits, and his death is certified to the comptroller by the town clerk and the attending physician or medical examiner, the comptroller shall certify for payment to the executor or administrator of such person, out of the appropriation annually made for the purpose, the sum of twenty-five hundred dollars for the use equally of his widow and minor children; or if there are minor children but no widow, to their use; or if there is no minor child, to the use of the widow; and if there is no widow or minor child, to the use of the next of kin if dependent on such deceased person for support. A child of full age dependent upon such person for support shall be regarded as a minor child. No payments shall be made under this section or section eighty-one on account of the death of a member of the fire department of a city or town in respect to which compensation is payable under section eighty-nine of chapter thirty-two.

M.G.L. c. 48, § 87 Standardization of fire fighting equipment

c. 48, § 87. Standardization of fire fighting equipment Section 87. The department of fire services may make rules and regulations providing for the standardization throughout the commonwealth of threads on fire hose couplings, fittings and hydrant outlets for public fire protection. The state fire marshal shall prepare said rules and regulations, and they shall take effect subject to section thirty-seven of chapter thirty when approved by said commissioner and by the governor and council and on such dates as they may fix.

M.G.L. c. 48, § 88 Fire fighters; performance of police duties

c. 48, § 88. Fire fighters; performance of police duties Section 88. No city or town shall require a permanent member of its fire department to perform the duties of a police officer during his tour of duty. No fire fighter shall, in connection with any industrial or labor dispute, perform the duties of a police officer or any duties other than those regularly performed by him.

M.G.L. c. 48, § 89 Fire fighters; firearms

c. 48, § 89. Fire fighters; firearms Section 89. No fire fighter shall be required to carry firearms in the performance of his duty.

M.G.L. c. 48, § 90 Fire district; municipal agency

c. 48, § 90. Fire district; municipal agency Section 90. For the purposes of chapter 268A, a fire district shall be considered a municipal agency and each part-time firefighter of such fire district and any person who performs professional services for such a fire district on a part-time, intermittent or consultant basis, shall be considered a special municipal employee.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter48Fetched: 10/20/2026