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City of Waltham, MA
Middlesex County
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Table of Contents
Code
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Editor's Note: Cross references—Fire alarm service charge, § 13-67 et seq.; fire alarm systems, § 13-71; hydrant rentals paid by fire department, § 19-21.
State law reference—Fire prevention, M.G.L.A. c. 148 § 1 et seq.
[Ord. No. 24694, 1-28-1980; Ord. No. 24833, 10-27-1980; Ord. No. 24863, 11-24-1980]
(a) 
It shall be the responsibility of every owner of any residential building, as defined in the Massachusetts State Building Code, sections 209.0 through 209.6, in the city to install smoke detectors on all levels of habitation and on the basement level. Said smoke detectors shall be installed and located in each residential unit and in all common areas in compliance with the Massachusetts State Building Code, section 1216. Each owner or authorized agent of the owner shall maintain the smoke detectors in a building under his control in good working order when any portion of the building is occupied.
(b) 
The smoke detectors shall be of a type approved by a recognized testing laboratory as determined by the head of the fire department.
(c) 
Compliance with these provisions shall be required as follows:
(1) 
Lodging houses, hotels, motels, dormitories—September 1, 1981;
(2) 
Dwellings with more than four (4) residential units—September 1, 1981;
(3) 
Dwellings with four (4) residential units or less—July 1, 1981;
(4) 
Owner occupied single-family homes—January 1, 1982.
(d) 
After July 1, 1981, upon the sale or lease of any dwelling or at every change of occupants of any subject dwelling unit occasioned by or incidental to a sale or lease of said unit, it shall be the duty of the grantor thereof (seller or lessor, as the case may be), to provide written certification, before occupancy, to the building inspector and the new occupant, that all required smoke detectors are installed and in good working order.
(e) 
This section shall be enforced by the inspector of buildings.
(f) 
Whoever shall violate any provision of this section shall, for each and every day such offense continues, be subject to a fine of not more than one hundred ($100.00) dollars.
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Cross references: Annual inventory of city property to be submitted to mayor and auditor, § 2-2; annual reports by boards and officers to mayor, § 2-9.
[Gen. Ords. 1962, § 2-8]
There is hereby established a principal department to be known as the fire department.
[Gen. Ords. 1962, § 5-1; Ord. No. 23401, 4-9-1973]
(a) 
The fire department shall consist of the following:
(1) 
One (1) member who shall hold the office of chief;
(2) 
Six (6) members who shall hold the office of deputy chief to be known as first deputy, second deputy, third deputy, fourth deputy, fifth deputy and sixth deputy, respectively;
(3) 
Ten (10) members who shall hold the office of captain;
(4) 
Thirty-three (33) members who shall hold the office of lieutenant;
Such number of permanently employed members as may, from time to time, be authorized by the city council, all of whom shall be appointed as required by law.
(b) 
The fire department shall also include such members of an auxiliary fire force existing pursuant to the provisions of Chapter 639 of the Acts of 1950, who may be appointed as hereinafter provided.
[Gen. Ords. 1962, §§ 5-4, 5-5]
(a) 
There is hereby established the office of fire chief; the fire chief shall be appointed by the mayor subject to confirmation by the council.
(b) 
The person holding office of chief of the fire department shall have life tenure of the respective office during good behavior or until he is removed for just cause, or is retired under applicable provisions of law.
State law reference—Tenure of fire chief, Acts 1917, c. 140.
[Gen. Ords. 1962, § 5-6]
(a) 
The fire chief shall be the chief executive officer of the fire department.
(b) 
The chief of the fire department shall keep a record of his proceedings and he shall assign firefighters. He may make rules and regulations for the government of the department and for the conduct of citizens at fires; shall be responsible for the discipline, good order and proper conduct of the whole department; shall have the care of all apparatus and furniture pertaining to the department, and shall keep the same in good order and repair. He shall designate the location of signal boxes and provide for the custody of the keys thereof.
[Gen. Ords. 1962, § 5-8]
The fire chief shall appoint and remove, with approval of the mayor in each case, and subject to applicable provisions of law, the deputies, captains, lieutenants, firefighters and drivers, and all members of the fire department, who shall serve from the date of their appointments until they resign or are otherwise separated under applicable provisions of law.
[Gen. Ords. 1962, § 5-12]
The fire chief shall have sole control and command at all times over all members of the fire department and other persons at fires, and shall direct all proper measures for the extinguishing of fires, the protection of property and preservation of order thereat. In the fire chief's absence the next in rank who is present shall execute the duties of his office with full powers of the fire chief, and the officer in command of the company which arrives at a fire first shall be the officer in command.
[Gen. Ords. 1962, § 5-13]
The fire chief or, during his absence, the deputy chief of the fire department is hereby authorized to go to aid another city, town or fire district in extinguishing fires therein with both apparatus and men, and while in the performance of their duties in extending such aid, the members of the department shall have the same immunities and privileges as if performing the same within the city.
State law reference — Power of council to authorize assistance to other fire departments, M.G.L.A. c. 48, § 59A.