[HISTORY: Adopted by the Annual Town Meeting
of the Town of Salisbury 3-22-1958 by Art. 50 as Art. XII of the 1958 General Bylaws. Amendments
noted where applicable.]
[Amended 10-23-2006 ATM by Art. 2]
It shall be the duty of the Chief of the Fire
Department to inspect or cause to be inspected by Fire Department
officers or members, as often as may be necessary, but not less than
once a year in outlying districts and twice a year in the closely
built portions of the Town, all buildings, except private dwellings,
premises, and public thoroughfares for the purpose of ascertaining
and causing to be corrected any conditions liable to cause fire, or
any violations of the provisions or intent of any bylaw or regulation
of the Town affecting the fire hazard. Whenever any officer or member
shall find in any building or upon premises or other place, except
private dwellings, combustibles or explosive matter or dangerous accumulation
of rubbish or unnecessary accumulation of wastepaper, boxes, shavings,
or any other highly inflammable materials especially liable to fires,
and which is so situated as to endanger property, or shall find obstructions
to or on fire escapes, stairs, passageways, doors or windows liable
to interfere with the operations of the Fire Department or egress
of occupants in case of fire, he shall order the same to be removed
or remedied, and such order shall forthwith be complied with by the
owner or occupants of such premises or buildings, subject to appeal
within 24 hours to the Selectmen, who shall within 10 days review
such order and file its decision thereon, and unless the order is
revoked or modified it shall remain in full force and be obeyed by
such owner and occupant.
A.
Any owner or occupant failing to comply with such
order within 10 days after said appeal shall have been determined,
or if no appeal is taken, then within 10 days after the service of
said order, shall be liable to a penalty as hereinafter stated.
B.
The service of any such order shall be made upon the
occupant of the premises to whom it is directed by either delivering
a true copy of same to such occupant personally or by delivering the
same to and leaving it with any person in charge of the premises or,
in case no such person is found upon the premises, by affixing a copy
thereof in a conspicuous place on the door to the entrance of the
said premises. Whenever it may be necessary to serve such an order
upon the owner of premises, such order may be served either by delivering
to and leaving with the said person a true copy of such order, or
if such owner is absent from the jurisdiction of the officer making
the order, by mailing such copy to the owner's last known post office
address.
No person shall keep or permit to be kept on
the premises any oily waste or oily rags, unless at all times when
not actually in use such oily waste and oily rags are kept in a metal
can with self-closing cover and riveted joints, standing on metal
legs which raise the bottom of the container at least five inches
above the floor.
All owners or occupants of buildings, except
private dwellings, are required to permit the Chief of the Fire Department
to inspect their buildings to see if the above is complied with, and
it is hereby made the duty of the Fire Department to make or cause
to be made such inspections whenever it may suspect a violation of
the foregoing bylaw.
[Amended 10-24-1994 ATM by Art. 8]
A.
It shall be unlawful for any person or persons to
cause, suffer, allow or permit the open burning of any combustible
material in the Town of Salisbury except during the period between
January 15 and May 1 of each year, or at such other time as the Department
of Environmental Protection may deem outside burning to be permissible,
when the burning of brush, cane, driftwood, and forestry debris excluding
grass, hay, leaves and stumps is allowed provided that the open burning
shall be conducted:
(1)
On land proximate to the place of generation;
(2)
At a location greater than 75 feet from any dwelling;
(3)
Between the hours of 10:00 a.m. and 4:00 p.m.;
(4)
During period of good atmospheric ventilation;
(5)
Without causing a nuisance;
(6)
With smoke-minimizing starters if starting aids are
used; and
(7)
Under the provisions of a properly executed permit
issued under the provisions of MGL c. 48, § 13 by the
Chief of the Fire Department or his designee.
B.
Open burning for commercial or institutional land
clearing for nonagricultural purposes shall not be permitted under
this bylaw.
C.
The provisions of the bylaw shall not apply to open
burning conducted primarily for cooking purposes or for open burning
for the purpose of combating or backfiring an existing fire by persons
affiliated with an official fire-fighting agency.
No person shall sell, set off, explode or cause
to explode any fireworks or firecrackers within the Town except under
such regulations as the Selectmen or other persons they may authorize
may prescribe.
[Amended 10-1-1973 STM by Art. 8[1]]
The Fire Chief shall make an annual report stating
the amount of the receipts and expenditures of the Fire Department
together with the doings of the Department during the year and the
recommendations for the ensuing year. Such report shall be printed
in the Annual Report of the Town.
[1]
Editor's Note: This article also provided
for the deletion of original §§ 7 and 8 of this bylaw,
which dealt with a Board of Fire Engineers.
[Added 5-15-2000 ATM by Art. 18]
A.
In order to protect and enhance public safety by reducing
the risk of fire hazard, the provisions of the Code of Massachusetts
Regulations (CMR) 527 CMR 1.00, et seq., the Massachusetts Comprehensive
Fire Code, as from time to time amended, are hereby incorporated in
and made a part of this bylaw, and any violation of any provision
thereof shall constitute a violation of this section.
[Amended 10-26-2015 ATM
by Art. 9]
B.
Violation and penalty. Whoever violates any provision
of this bylaw shall be punished by a fine of $50 for each offense.
In the case of any continuing violation, each day said violation continues
shall constitute a separate offense. Said section shall be enforceable
by the head of the Fire Department or his authorized designee.
[Added 10-24-2016 ATM
by Art. 10]
A.
Introduction. This section provides that residential, commercial
and industrial buildings that utilize truss-type construction shall
be marked by an emblem that informs persons conducting fire control
and other emergency operations of the existence of truss construction.
B.
RESIDENTIAL, COMMERCIAL AND INDUSTRIAL BUILDINGS AND STRUCTURES
TRUSS CONSTRUCTION
(1)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Those buildings and structures classified as such by the
Building Inspector using the classification system found in 780 CMR
(the Massachusetts State Building Code) or its successors.
A fabricated structure of wood, steel or combination thereof,
made up of a series of members connected at their ends to form a series
of triangles to span a distance greater than would be possible with
any of the individual members on their own. Truss-type construction
shall not include:
Individual wind or seismic bracing components which form triangles
when diagonally connected to the main structure system.
C.
Enforcement.
(1)
All new construction or transfer of ownership of building, whether
residential, commercial or industrial, shall comply with the requirements
of this bylaw. The Building Inspector shall only release certificates
of occupancy to those new structures found to be in compliance with
the requirements of this section.
(2)
The Fire Chief or his or her designee shall be responsible for ensuring
the proper placement of emblems on buildings or structures covered
by this section.
(3)
All multifamily residential buildings and all commercial and industrial
businesses in operation at the time this bylaw is adopted shall be
required to have an emblem or emblems placed in the locations identified
by the Fire Chief within six months of adoption. All existing one-
and two-family dwellings shall allow for the placement of this identifying
emblem when undergoing additions or alterations requiring permitting
or when such construction type is otherwise identified.
(4)
Any person who fails to permit the posting of a structure as set
forth in this section, or who removes or willingly obstructs from
view the fire official's designated posting, shall be punished
by a fine of $50 for each offense. Every day that a violation continues
after its abatement has been ordered by the Town and sufficient time
has elapsed to permit abatement shall constitute a new offense.
(5)
The emblems shall be made available by the Salisbury Fire Department
at a cost to the building owner/manager.
D.
Emblems. The shape of the emblem shall be square, measuring nine
inches by nine inches, and in such form and of such materials as shall
be determined from time to time by the Fire Chief.
E.
Truss designations. The following
letters shall be printed on the emblem identifying the existence of
truss construction, using the alphabetic designation for the structural
components that are of truss construction, as follows:
F.
Emblem locations.
(1)
Emblems identifying the existence of truss construction shall be
permanently affixed in the locations directed and in a manner approved
by the Fire Chief.
(2)
Table No. 1 will be used as an emblem location guide for fire officials.
Every effort shall be made not to interfere with advertising or graphic
designs located on the doors, windows or face of the buildings covered
by this section.
