Board of Fire Prevention Regulations relative to Temporary Shelters
Fire Code provisions relating to Approved Temporary Shelters
As approved by the BFPR on 11-5-09
10.13 (8) Special provisions for certain places of worship which have been issued a valid Certificate of Occupancy for use as a temporary overnight shelter from the cold pursuant to 780 CMR , The State Building Code.
1) A place of worship which has been issued a valid Certificate of Occupancy for use as a temporary overnight shelter from the cold in accordance with the provisions of 780 CMR, the state building Code, shall not be deemed in violation of the provision of 527 CMR, as a result of such temporary use, as long as the facility meets the following conditions:
(a) The temporary shelter is in possession of a valid Certificate of Occupancy for such temporary use which has been reviewed and approved by the head of the fire department in accordance with 780 CMR.
(b) The approved temporary shelter is used, occupied and operated in accordance with the terms and conditions specified in said Certificate of Occupancy and said certificate of occupancy is posted in a conspicuous location.
(c) In addition to the terms and conditions specified in the Certificate of Occupancy, the following fire safety requirements shall be applicable:
1. The building which houses the approved temporary shelter shall have no known existing or outstanding violations of 527 CMR or M.G.L. c. 148.
2. The approved temporary shelter possess a written document which has been approved by the head of the fire department which states the allowable occupant load, bedding diagram, location of all exits and of aisles leading thereto and the designated evacuation meeting point or points. A copy of such plan shall be kept on the premises and posted near the main entrance. The responsible persons identified in the application of the temporary certificate of occupancy shall maintain the condition of the shelter in accordance with the approved layout.
3. The employees, volunteers or attendants of the temporary shelter shall be trained and drilled in the duties that they are to perform in case of fire, panic or other emergency in accordance with the provisions of 527 CMR 10.13(3)(a). During all hours of overnight activation of an approved temporary shelter, employees, volunteers and attendants shall be awake and alert.
4. No person shall be permitted to smoke within the temporary shelter. Smoking may be allowed outside in an area approved by the Head of the Fire Department.
5. A document shall be posted, in a location approved by the Head of the Fire Department, containing an accurate number of sheltered occupants on a nightly basis. Such document shall also contain the names of all workers and volunteers who are overseeing or assisting in the shelter usage on a nightly basis. In the event of an evacuation, a copy of the document shall be in the possession of the person in charge at a designated meeting point.
Fire Code provisions relating to Approved Temporary Shelters
As approved by the BFPR on 11-5-09
6. The temporary shelter shall maintain a working landline phone that must be accessible to initiate a call for assistance in the event of an emergency. A cell phone is not acceptable for compliance with this requirement.
7. Carbon monoxide alarms shall be installed in accordance with 527 CMR 31.04(1). For purpose of compliance with 527 CMR 31.04, the dwelling unit of an approved temporary shelter shall be considered that portion of the building used for sleeping purposes.
8. An approved temporary shelter shall feature working and approved smoke detectors in accordance with the requirements of the State Building Code, 780 CMR, if applicable. If smoke detectors are not currently required under 780 CMR, the shelter shall, at a minimum, feature approved working smoke detectors in accordance with the provisions of 527 CMR 32.00. Such smoke detectors shall be installed in any room or area used for sleeping purposes and in any room or area directly adjacent to said sleeping area.
(d) The head of the Fire Department shall be notified, in writing, at least 48 hours prior to the actual activation of an approved temporary shelter and shall be notified, in writing, upon the termination of such activation.
(e) As a condition to use and occupation of an approved temporary shelter pursuant to 527 CMR 10.13 (8), The operator of any such shelter shall allow the head of the fire department or any person to whom the head of the fire department may delegate, the authority to enter the shelter during any hour of operation to determine compliance with the provisions of 527 CMR or M.G.L. c. 148.
(f) The provisions of 527 CMR 10.13(8) shall not impede the ability of the head of the fire department to take any reasonable action to protect persons or property under the authority of any provision of M.G.L. c. 148 or 527 CMR.
(g) The use of a temporary overnight shelter from the cold under the provisions of 527 CMR 10.13(8) shall not be allowed after June 15, 2010.
Memorandum
To: Heads of Fire Department
From: Stephen D. Coan
State Fire Marsha
Date: November 19, 2009
RE: Special provisions for certain places of worship used as Temporary Overnight Shelter from the cold.
Introduction:
As the cold winter season is approaching, I bring to your attention two new regulations that have been approved, on an emergency basis, by both the Board of Building Regulations and Standards and the Board of Fire Prevention Regulations. These regulations allow certain approved places of worship to be used on a limited basis as temporary overnight shelters from the cold. The intent of the amendments is to provide provisions to balance the obvious harm created by exposure to extreme cold, with the basic public safety concerns reflected in the fire, building and health codes.
A summary of the regulations is provided within this document. However, it is important for you to review the actual regulations in detail prior to implementation in one’s respective communities.
Board of Building Regulations and Standards (780 CMR State Building Code):
The Board of Building Regulations and Standards has adopted an emergency amendment to the State Building Code (780 CMR) section 3111 – Temporary Overnight Shelters for Protection from the Cold. This section completes a section in the State Building Code that allows for a church or house of worship to apply for a temporary change of use and sets the conditions and requirements for such use. The various sections are summarized as follows:
Section 3111.2 of the State Building Code limits the application to a facility that is designed or used primarily as a church or house of worship for religious services or instruction, which is owned or operated by a religious organization under U.S.C. section 501 (c)(3) of the Internal Revue Code.
The State Building Code limits the temporary overnight shelters for protection from the cold to the following:
• Between September 15 and June 15; and
• For not more than 35 days; and
• For not more than 7 consecutive days.
These limits are separate from other emergency situations such as a state of emergency declared by the Governor or an emergency deemed detrimental to public health pursuant to MGL c. 17 s. 2A. The State Building Code sets the criteria for submitting an application for approval of the Temporary Certificate and its issuance. During this process it is imperative that the local Building Inspector, Fire Chief and local Board of Health agent work together during the permit review process.
Temporary Certificates are to be issued for a period not to exceed one year. Applications for renewal are to be reviewed in accordance with the requirements set forth in a new application. It requires notice, prior to the use, at least 48 hours in advance with specific information and similar notification at the time of termination.
As a condition to its approval the local Building Inspector, Head of the Fire Department or local Board of Health may enter the premises to determine compliance with the regulation.
Board of Fire Prevention Regulations (527 CMR State Fire Code):
The Board of Fire Prevention Regulations have adopted emergency amendments to 527 CMR 10.13(8): Special provisions for certain places of worship which have been issued a valid certificate of occupancy for use as a temporary overnight shelter from the cold pursuant to 780 CMR, the State Building Code.
This provision of the State Fire Code are dependent upon the issuance of a valid Temporary Certificate under 780 CMR by the local Building Inspector. If the Certificate is not issued under 780 CMR, the provisions of 527 CMR are not applicable. The provisions of 527 CMR 10.13(8) are briefly described below, but again, the actual regulation shall be reviewed in detail for compliance:
• No outstanding violations of 527 CMR or MGL 148
• Possession of a written document, approved by the Head of the Fire Department showing: allowable occupant load, bedding diagram, location of all exits and aisles leading to a designated evacuation meeting point.
• The attendants shall be trained and drilled in the duties that are to perform in case of fire, panic or other emergency.
• No person shall be permitted to smoke within the shelter. A designated area outside approved by the Head of the Fire Department may be approved.
• A document shall be posted, in a location approved by the Head of the Fire Department, containing an accurate number of sheltered occupants on a nightly basis, which includes the names of all workers or volunteers. In the event of an evacuation, a copy shall be in the possession of the person in charge at a designated meeting point.
• The shelter shall maintain a working landline phone that must be accessible in the event of an emergency. A cell phone is not acceptable for compliance with this requirement.
If you have any please contact the Code Compliance and Enforcement Unit at 978-567-3375 or in Western MA at 413-587-3181.
- Mon, Mar 15, 2010, 9:25 A
