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April 25, 1997
Board of Appeals RE: Arthur & Champlain Road Project
City Hall
Salem, Ma. 01970
Dear Beth:
On Thrusday April'24, 1997, the Fire Prevention Bureau received a call
from a citizen of Wilson street in regards to the blasting operation that was
about to start, her main concern was that her home was not included in the
preblast survey. She was advised that if the property was over the 250 feet
from the closest borehole the survey did not apply to her. She was also given ,1
the telephone number of the company that did the survey if she had any more
questions. As the Fire Inspector for the City who received the information
and issued the blasting permit, I was not advised that their was a board of
Zoning meeting on November 13, 1996, in which the board voted to enlarge the
area to. 300 feet and include 29 Wilson street.
Any ordinance or by-law change regulating blasting has to be first sub-
mitted to the Board of Fire Prevention Regulations for approval Mass. General
Law Chapter 148 Sec 9, (copy Enclosed) , and all other regulations come under
527 CMR 13 of the Board of Fire Prevention Regulations (copy enclosed) . At
this time the work has stoped and their will be no more detail's their until
the survey -in' delivered to the Fire Prevention Bureau, regarding 29 Wilson
street. In the future please feel free to contact me in regards to the laws
which govern such procedures.
Respectifully Submitted
CC Board of Appeal Frank Prec ewski, Jr.
Steven Rourke General Council ��
or
State Fire Marshal's Office F Ireventio
(508) 567-3100 ext. 3182 Fire Prevention Bureau
THE COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS GENERAL LAWS, CHAPTER 148
WILLIAM FRANCIS GALVIN, SECRETARY OF THE COMMONWEALTH
CHAP. 148 - continued
or to other persons interested in the subject matter of an investigation of the cause and
circumstances of a fire any information obtained by such investigation which may in his
opinion require attention from or by such insurance companies, owners of property or
other persons. The fire commissioner of the city of Boston shall make like reports of
fires investigated by him or by a person by him designated under section three. The
marshal shall also report to the head of the fire department the results of any investigation
into fires of suspicious origin reported to him by such head as required by section two.
148:9. Regulations relative to explosives and inflammable materials; reports of
storers and handlers as to quantities and locations; ordinances and by-laws.
Section 9. The board shall make rules and regulations for the keeping, storage, use,
manufacture, sale, handling, transportation or other disposition of gunpowder, dynamite,
crude petroleum or any of its products, or explosive or inflammable fluids or compounds,
tablets, torpedoes or any explosives of a like nature, or any other explosives, fireworks,
firecrackers, or any substance having such properties that it may spontaneously, or acting
under the influence of any contiguous substance, or of any chemical or physical agency,
ignite, or inflame or generate inflammable or explosive vapors or gases to a dangerous
extent, and may prescribe the location, materials and construction of buildings to be used
for any of the said purposes. Such rules and regulations shall require persons keeping,
storing, using, selling, manufacturing, handling or transporting dynamite or other high
explosives to make reports to the department in such particulars and in such detail that the
quantity and location thereof will always be a matter of authentic record in the
department. Cities and towns may also make and enforce ordinances and by-laws, not
inconsistent with said rules and regulations, relative to the subject matter of this section.
Each city or town shall submit a copy of each such ordinance or by-law to the board
within ten days after the passage thereof. Any ordinance or by-law regulating blasting
operations, or the use, handling, transportation or storage of dynamite or gunpowder,
shall not take effect until such ordinance or by-law is approved by the board, except that
any such ordinance or by-law that has not been approved or disapproved by the board
within ninety days after the receipt thereof shall be deemed to have been approved.
148:9A. Model rocket engines; storage; manufacture; use; sale.
Section 9A. The board shall make rules and regulations for the keeping, storage,
manufacture, sale and use of model rocket engines and for the launching, operation and
flying of model rockets in accordance with nationally recognized standards for model
rocketry as promulgated by the National Fire Protection Association. As used in this
section, "model rocket engine' shall mean a solid propellant rocket engine produced by a
commercial manufacturer in which all chemical ingredients of a combustible nature are
preloaded and ready for use, and "model rocket" shall mean an aero model that ascends
9
527CIMR: BOARDOFFtxtrxtvtNrrON lLtI;ULArrvr+a
13.09: continued
4. No person shall buy, receive, accept delivery,keep or store,any explosive material
unless he possesses storage facilities as required by 527 CMR 13.00.
a. The provisions of 527 CMR 13.00 as they apply to job site magazines may be
waived if delivery is made from an approved magazine or a U.S. Department of
Transportation approved container direct to a blast site for immediate placement in
previously prepared boreholes and further provided that the explosives shall be
detonated in their entirety prior to sunset of the day of delivery,or removed from the
site.
b. All storage magazines,when containing explosive materials,shall be locked and
safeguarded against theft or tampering.
(d) No explosive materials shall be located, kept or stored where they may be exposed to
flame,excessive heat, sparks,impact or theft.
1. No firearms shall be discharged into or in the vicinity of a vehicle containing
explosive materials or into or in the vicinity of a location where explosive materials are
being handled,used,or stored.
2. No smoking shall be permitted within 50 feet of any location where explosives are
being handled or used.
3. No person within 50 feet of any location where explosives are being handled or used
shall carry any matches,open fight,or other fire or flame.
Note: Suitable devices for lighting safety fuse are exempt from this requirement.
(e) No person under the influence of intoxicating liquors, narcotics, or other dangerous
drugs shall be allowed to handle explosive materials.
(£) No attempt shall be made to fight a fire that cannot be contained or controlled before it
reaches explosive materials. In such cases the local fire department shall be immediately
notified,all personnel shall be immediately evacuated to a safe location,and the site guarded
from entry by spectators or intruders until the arrival of the head of the fire department or
his designee.
(g) Unauthorized or unnecessary personnel shall not be present where explosive materials
are being handled,used,or stored.
(h) Explosive materials shall be kept in properly marked closed containers or packages
while being transported between the storage magazine and the blasting site.
Note: Partial reels of detonating cord need not be in closed containers,unless transported
over highways.
() Containers of explosive materials shall not be opened in any magazine or within 50 feet
of any magazine.
Non sparking tools shall be used for opening any package or container of explosive
materials.
Note: Metal slitters may be used for opening fiberboard containers
Explosive material shall not be used in a manner contrary to the instructions of the
manufacturer of the explosive materials.
(k) Blast Analysis: Before conducting a blast the blaster shall conduct a blast analysis of _
the overall factors affecting the blasting operations. This analysis shall consider, adjacent
area structure(s),building(s),building foundations,utilities, including gas and water supply
lines,septic systems and swimming pools,and area geology within 250 feet of the center of
the blast site and the identification of commercial equipment such as computers, electron
microscopes, laser equipment, relays etc., which are sensitive to vibrations, and other
underground objectsbe that might damaged by the effects of a blast.
1. A blast analysis shall be compare to the blast design plan(described in 527 COU
13.09(1)(1)] to establish a sound relationships between the blast design and the effects
of blasting upon the neighborhood within the blast area.The blast analysis shall contain
a discussion of plan factors to be used which protect the public and meet the applicable
airblast,flyrock,and ground vibration standards of 527 CMR 13.00.
2 The area of the blast analysis shall be within 250 feet from the closest borehole._
(1) Blast Design Plan: When blasting is done in a congested area or within 250 feet of a
building, structure, railway, or highway, or any other installation that may be affected,
precautions shall be taken by the blaster in the design of the blast plan to prevent damage and
to minimize adverse effects including ground vibrations,air blast and flyrock.
1. Such precautions shall me u e but not be firruted to,review of each sot variable 6F—
dimension
fdimension to ensure a blast design plan which establishes sound relationships between
current industry standards and the allowable limits of the effects of blasting.
2/23/96 (Effective 3/1/96) 527 CMR- 172.13