780 CMR, ch. 1, pt. 2, 116, 116.2

Current through Register 1538, January 3, 2025

Subsection 116.2 - Standards for Making Buildings Safe or Secure

Any owner of a building who has been notified that said building shall be made safe or secure under section 116, shall:

1. Remove all materials determined by the head of the fire department or building official to be dangerous in case of fire.

2. Secure all floors accessible from grade utilizing one of the following methods so long as such method is approved by the head of the fire department and building official in writing:

a. Secure all window and door openings continuously until such time as the building is reoccupied, in accordance with the U.S. Fire Administration, National Arson Prevention Initiative Board Up Procedures;

b. Provide 24 hour watchman services, continuously until such time as the building is reoccupied; or

c. Provide a monitored intruder alarm system at the perimeter of all floors accessible from grade, continuously until such time as the building is reoccupied.

Said owner, as the case may be, shall notify the building official that the approved method chosen to secure the building has been incorporated. Said owner shall allow the building official to enter the building for an inspection to ascertain that the building is secured and made safe. Said owner shall allow the head of the fire department to enter the building. The building official shall be supplied with records of maintenance and operation if the provisions of 780 CMR 116.2 items 2b. or 2c. are used.

3. Maintain any existing fire alarms or sprinkler systems unless written permission is obtained from the head of the fire department in accordance with M.G.L. c. 148, § 27A to shut off or disconnect said alarms or systems.

4. Maintain utilities unless written permission is obtained from the building official to disconnect said utilities, a copy of which shall be forwarded to the head of the fire department. Permission to disconnect utilities shall not be granted if it will result in inadequate heat to prevent freezing of an automatic sprinkler system or inadequate utilities to maintain any other protection systems.

5. The requirements of 780 CMR 116.2 items 1. through 4. do not prevent a building official from issuing other orders or taking expeditious, temporary security measures in emergency situations pending the completion of the requirements of 780 CMR 116.2 items 1. through 4.

For the purposes of 780 CMR 116, an "emergency situation" shall be defined as: an unexpected incident, which by its very nature may present a threat to public safety personnel who may be required to affect a rescue effort or conduct fire extinguishment operations.

Upon refusal or neglect of said owner to comply with such notice, any building official acting under the authority of M.G.L. c. 143, §§ 6 through 12, shall enforce 780 CMR 116.2 item 2a. or other equivalent procedure approved by the head of the fire department, continuously until such time as the building is reoccupied.

Any building which has been made to conform to the provisions of 780 CMR section 116.2 during vacancy may be reoccupied under its last permitted use and occupancy classification, provided that any systems which were disconnected or shut down during the period of vacancy are restored to fully functional condition and subject to 780 CMR section 105 and M.G.L. c. 40A. The building official shall be notified in writing prior to re-occupancy. If said building is changed in use or occupancy or otherwise renovated or altered it shall be subject to the applicable provisions of 780 CMR 34.00: Existing Building Code.

780 CMR, ch. 1, pt. 2, 116, 116.2

Amended by Mass Register Issue 1532, eff. 10/11/2024.