reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 148 - Fire Prevention › Section 34a - Assembly Use Group Building; Dangerous Condition

Section 34A. (a) Any owner, occupant, lessee or other person having control or supervision of any assembly use group building, as defined by the state building code, and who causes or permits a dangerous condition to exist on the premises at anytime shall be punished by a fine of not more than $5,000 or by imprisonment in the house of correction for not more than 21/2 years, or both.
For the purposes of this section, ''dangerous condition'' shall mean:—
(1) any blocked or impeded ingress or egress;
(2) the failure to maintain or the shutting off of any fire protection or fire warning system required by law;
(3) the storage of any flammable or explosive without a properly issued permit in quantities in excess of allowable limits of any permit to store;
(4) the use of any firework or pyrotechnic device, as defined by the board of fire prevention regulations, without a properly issued permit; or
(5) exceeding the occupancy limit established by the local building inspector pursuant to chapter 143.
Nothing in this section shall preclude the issuance of a citation for a code violation, as provided for by chapter 148A.
(b) Whoever is convicted of a second or subsequent violation of paragraph (a) shall be punished by a fine of not more than $25,000 or by imprisonment in the state prison for not more than 5 years or in a house of correction for not more than 21/2 years, or both such fine and imprisonment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 148 - Fire Prevention › Section 34b - Serious Bodily Injury; Penalties

Section 34B. Any person who wantonly or recklessly violates the state building code or state fire code and thereby causes serious bodily injury or death to any person shall be punished by a fine of not more than $25,000 or by imprisonment in the state prison for not more than 5 years or in a house of correction for not more than 21/2 years, or both.
For purposes of this section, ''serious bodily injury'' shall mean bodily injury that results in a permanent disfigurement, loss or impairment of a bodily function, limb or organ, or a substantial risk of death.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 148 - Fire Prevention › Section 34c - Subsequent Violations of State Building Code or State Fire Code

Section 34C. Whoever (1) commits a second or subsequent violation of the state building code or state fire code, including any incorporated specialized codes, or any lawful order of the marshal, the head of the fire department or a state or local building inspector or (2) continues to violate any such code or order after receipt of actual notice of such violation or order, shall be punished by a fine of not more than $1,000 or by imprisonment for 1 year in the house of correction or by both such fine and imprisonment. Notice may be provided by in-hand service, by posting the same in a conspicuous place on the premises in violation, or by the lawful issuance of a citation pursuant to chapter 148 A. This section shall not apply to such violations which are under appeal pursuant to section 100 of chapter 143, if such appeal was timely filed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 148 - Fire Prevention › Section 34d - Enforcement of Orders of Marshall or Head of Fire Department

Section 34D. Notwithstanding any other general or special law to the contrary, the housing court, the district court or the superior court shall have jurisdiction and equitable powers to enforce the lawful orders of the marshal or head of the fire department pursuant to this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 148 - Fire Prevention › Section 37 - Tanks for Storage of Fluids; Permits; Violation of Statute or Regulation; Annual Inspection; Fees

Section 37. No person shall construct, maintain or use any tank or container of more than ten thousand gallons' capacity, for the storage of any fluid other than water, unless the same is located underground, without first securing a permit therefor from the marshal. The marshal may, after notice and hearing, revoke any such permit for cause. Whoever violates this section or a rule or regulation made under the following section shall be punished by a fine of not less than fifty nor more than one thousand dollars.
The marshal shall establish rules and regulations providing for the inspection of tanks or containers on an annual basis or at such other frequency as determined by the marshal. In determining the frequency the marshal may consider factors including, but not limited to, tank size, type of construction, tank contents, potential safety hazards, and tank safety and containment systems. The inspection fee shall be determined annually by the secretary of administration and finance pursuant to section 3B of chapter 7. The rules and regulations shall require owners or operators to maintain the tanks or containers and to keep records of inspections, repairs and maintenance for each tank or container in a form as prescribed by the marshal. The marshal may establish or adopt inspection standards or parts thereof for tanks and containers and qualifications for those persons authorized to conduct inspections pursuant to this section. In addition to the inspections required by regulation, the marshal may, at any time during reasonable business hours, inspect the premises' tanks or containers, dikes, facilities, equipment and records to determine compliance with this section or related regulations.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 148 - Fire Prevention › Section 37b - Grants for Removal or Replacement of Fuel Storage Tanks

Section 37B. Notwithstanding the provisions of section thirty-seven A, grants authorized pursuant to said section thirty-seven A may be awarded for either the removal or replacement of a fuel storage tank; provided, however, that no such grant shall exceed fifty percent of the total cost of any such removal or replacement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 148 - Fire Prevention › Section 38 - Regulations Relative to Tanks

Section 38. The board shall make rules and regulations governing the construction, use, and maintenance of tanks to which section thirty-seven applies; governing the removal and relocation of tanks to which section thirty-eight A applies; and governing the allocation of grants to cities and towns to which section thirty-seven A applies.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 148 - Fire Prevention › Section 39a - Regulations for Permits for Displays of Fireworks; Fees

Section 39A. The board shall make rules and regulations for the granting of permits for supervised displays of fireworks by municipalities, fair associations, amusement parks and other organizations or groups of individuals. Such rules and regulations shall provide in part that (a) every such display shall be handled by a competent operator to be approved by the chief of the fire department or officer or officers having similar powers and duties, of the municipality in which the display is to be held and shall be of such a character, and so located, discharged or fired as, in the opinion of the chief of the fire department or the officer or officers having similar powers and duties, after proper inspection, not to be hazardous to property or to endanger any person or persons, (b) application for permits shall be made in writing at least fifteen days in advance of the date of the display, and (c) no permit so granted shall be transferable. The fee for such permits shall be set by the chief of the fire department or the officer or officers having similar powers and duties of the municipality in which the display is to be held, but in no event shall any such fee be greater than twenty-five dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 148 - Fire Prevention › Section 40 - Storage of Fireworks; Bonds for Manufacture and Storage; Fee

Section 40. No person shall store fireworks in quantities except such as may be permitted by the rules and regulations of the board outside the premises of a fireworks manufactory in any building or other structure located within one thousand feet of any church, theatre, hall, place of assembly, factory or any inhabited building, nor shall any person manufacture fireworks, unless he has previously filed with the clerk of the city or town in which the said fireworks are to be manufactured or stored a bond running to the treasurer of the said city or town with a surety or sureties approved by the said treasurer, in such penal sum, not less than ten thousand dollars, as the mayor of the city or the selectmen of the town, with the approval of the marshal, shall determine to be necessary to cover the losses, damages or injuries that might ensue from the said manufacture or storage. The bond shall be conditioned upon the payment of any judgment obtained in an action against said person so manufacturing or storing fireworks for or on account of any loss, damage or injury resulting to persons or property by reason of the said manufacture or wholesale storage. Such person shall pay to the said clerk the fee provided by clause (16) of section thirty-four of chapter two hundred and sixty-two.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 148 - Fire Prevention › Section 41 - Actions on Bonds

Section 41. Action on a bond filed under section forty or forty-two may be brought by any person holding a judgment to secure the payment of which the bond was filed and may be brought by such person in the name of the city or town treasurer, or of the state treasurer, as the case may be, but for the use and benefit, and at the cost and expense, of the person so bringing the said action; provided, that such a judgment was recovered in an action brought within twelve months of the time when the cause of action accrued.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 148 - Fire Prevention › Section 42 - Displays or Exhibits of Fireworks; Bonds

Section 42. No person engaged in the business of displaying or exhibiting fireworks shall, by himself or his agents, discharge, fire off, explode or display fireworks unless he has on file with the state treasurer a bond running to the state treasurer with a surety or sureties approved by him for the penal sum of fifteen thousand dollars, and for such additional penal sum as the marshal shall determine to be necessary to cover the losses, damages or injuries that might ensue to persons or property by reason thereof. The bond shall be conditioned upon the payment of any judgment obtained in an action brought against said person so discharging, firing off, exploding or displaying fireworks, for or on account of any loss, damage or injury resulting to persons or property by reason of the said discharging, firing off, exploding or displaying of said fireworks. As used in this section, the word ''persons'' shall include municipal corporations, and the word ''loss'' shall include the reasonable expense of a city or town incurred in the extinguishing of fires caused by said discharging, firing off, exploding or displaying of said fireworks.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 148 - Fire Prevention › Section 43 - Actions on Bonds; Pro Rating Claims; Other Remedies

Section 43. No action for injury to an employee of a person required to give a bond under section forty or forty-two shall be brought on such bond if such injury arises out of and in the course of the employment. If claims under any bond filed under either of said sections are established to an amount greater than the penal sum of the bond, such claims shall be paid pro rata to the amount of the penal sum and executions shall issue accordingly. Nothing in the three preceding sections shall deprive a person suffering loss, damage or injury of any other right or remedy provided by law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 148 - Fire Prevention › Section 44 - Firecrackers and Pyrotechnical Ship or Railway Signals

Section 44. Firecrackers and pyrotechnical ship or railway signals shall be included and classed as fireworks, but the provisions of the four preceding sections shall not apply to the storage of pyrotechnical ship or railway signals nor to the discharge, firing or exploding of the said signals when used for the protection of life and property.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 148 - Fire Prevention › Section 46 - Inflammable Stove Polish and Foundry Paste; Regulations; Penalties

Section 46. No person shall manufacture, store, keep for sale, sell or transport any compound for use as a stove polish containing any liquid or compound whatsoever which will emit a gas that will flash at a temperature of less than one hundred and forty degrees Fahrenheit, except that foundry paste which contains inflammable compound, if packed in metal containers, sealed by fusion and weighing in gross not less than five pounds, and if such container is labeled ''Dangerous-Inflammable compound—Keep away from fire, heat and lights'' may be manufactured, stored, kept for sale, sold or transported for use only by stove foundries, stove manufacturers and stove dealers on their own premises under rules and regulations prescribed by the board. The flash point of said compound shall be ascertained in the manner prescribed by such rules and regulations. Whoever violates this section shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 148 - Fire Prevention › Section 50 - Search Warrants for Explosive, Inflammable and Combustible Substances Kept Contrary to Statutes or Regulations

Section 50. Upon complaint made to a court or justice authorized to issue warrants in criminal cases that the complainant has probable cause to suspect and does suspect that gunpowder, dynamite or any other explosives, crude petroleum or any of its products, or explosive or inflammable fluids, or any of the articles named in section thirty-nine, are kept or are to be found in any place contrary to this chapter or regulations made hereunder, such court or justice may issue a search warrant in conformity with chapter two hundred and seventy-six, so far as applicable, commanding the officer to whom the warrant is directed to enter any shop, building, manufactory, vehicle or vessel specified in the warrant, and there make diligent search for the articles specified in the warrant, and make return of his doings forthwith to the court or justice having jurisdiction thereof. Such warrants may be directed to a police officer, the marshal or to the head of the fire department.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 148 - Fire Prevention › Section 51 - Forfeiture of Explosive, Inflammable and Combustible Substances; Sale or Destruction; Proceeds

Section 51. Articles seized under the preceding section may, after due notice and hearing, be adjudged to be forfeited, and may be ordered to be sold or destroyed in such manner as the court or magistrate may direct, and the proceeds, if any, paid into the county treasury.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 148 - Fire Prevention › Section 52 - Matches Kept for Sale or Use in Store

Section 52. Whoever keeps matches for sale or use in any store unless the same are in unbroken cases or in a metal or other fireproof receptacle with the cover closed, except when it is necessary to obtain access thereto, shall be punished by a fine of not more than fifty dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 148 - Fire Prevention › Section 54 - Lighted Cigarettes, Etc. Likely to Cause Fire; Dropping or Throwing From Vehicles or Placing on Forest Lands or Fields

Section 54. Whoever drops or throws from any vehicle while the same is upon a public or private way running along or near forest land or open fields, or, except as permitted by law, drops, throws, deposits or otherwise places in or upon forest land, any lighted cigarette, cigar, match, live ashes or other flaming or glowing substance, or any substance or thing which in and of itself is likely to cause a fire, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 148 - Fire Prevention › Section 55 - Explosive Golf Balls

Section 55. Whoever manufactures or sells or knowingly uses, or has in possession for the purpose of sale, any golf ball containing any acid, fluid, gas or other substance tending to cause the ball to explode and to inflict bodily injury shall for the first offence be punished by a fine of not more than five hundred dollars, and for any subsequent offence by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 148 - Fire Prevention › Section 56 - Parking Space Business; Licenses; Fees; Term; Suspension and Revocation; Unlicensed Business

Section 56. In any city or town which accepts the provisions of this section, no person shall engage in the business of conducting or maintaining an open-air parking space without a license therefor granted, in the city of Boston, by its commissioner of transportation, and in any other city or town, by the local licensing authority, approved in all cases by the head of the fire department. Each license granted under this section and the application therefor shall specify all the premises to be occupied by the licensee for the purpose of conducting the licensed business, the total area of the space therein to be actually used for parking or storing vehicles, and the maximum number of vehicles to be parked or stored in such area. The fee for each such license shall be such amount as may be established by the authority granting the license, and said authority may reasonably classify said licenses and fees. Licenses granted hereunder shall expire on April thirtieth following the date of issue, or on such date as may be specified therein, and may be suspended or revoked by such authority and by the head of the fire department. Whoever, not being licensed, engages in a business required by this section to be licensed, or is concerned therein, or, being licensed, violates any condition of his license or engages in such business, or is concerned therein, and any other place than that designated in his license or after notice to him that his license has been suspended or revoked, shall be punished by a fine of not more than three hundred dollars. The provisions of this section shall not apply to any open-air parking space established under paragraph (g) of section three of chapter one hundred and sixty-one A or under paragraph (g) of section six of chapter one hundred and sixty-one B and maintained or conducted by the Massachusetts Bay Transportation Authority or by an authority created under said chapter one hundred and sixty-one B or a lessee or licensee thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 148 - Fire Prevention › Section 58 - Fire Extinguishing Systems, Issuance of Certificates for Installation and Servicing

Section 58. The board may make such rules and regulations as it deems suitable for the issuance of various types and classes of certificates for the following:
(a) a firm engaged in the business of servicing portable fire extinguishers or installing and servicing fixed fire extinguishing systems; (b) an employee of firms engaged in the business of servicing portable fire extinguishers or installing or servicing fixed fire extinguishing systems who services extinguishers or fixed systems; (c) a firm performing hydrostatic testing of fire extinguishers.
The provisions of this section shall not apply to the following:
(a) the filling or charging of a portable fire extinguisher by the manufacturer prior to its initial sale; (b) the servicing by a firm of its own portable extinguishers or fixed systems by its own personnel specially trained for such servicing; (c) the installation or servicing of water sprinkler systems installed in compliance with the State Building Code; (d) firms engaged in the selling at wholesale or retail of portable fire extinguishers but not engaged in the installation or recharging of them; (e) fire departments recharging portable fire extinguishers as a public service where no charge is made; provided, however, that the member of the fire department is trained in the proper filling and recharging of the fire extinguishers.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 148 - Fire Prevention › Section 59 - Display of Street Address Number on Buildings; Use in Enhanced 911 Service

Section 59. Every building in the commonwealth, including, but not limited to, dwellings, apartment buildings, condominiums, and business establishments shall have affixed thereto a number representing the address of such building. Said number shall be of a nature and size and shall be situated on the building so that, to the extent practicable, it is visible from the nearest street or road providing vehicular access to such building.
The state 911 department shall cause such number and the address of such building to be entered into the electronic data base for use in enhanced 911 service as defined in section eighteen A of chapter six A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 148 - Fire Prevention › Section 60 - Novelty Lighters; Application of Section

Section 60. (a) For the purposes of this section, ''novelty lighter'' shall mean a mechanical or electrical device manufactured for the purpose of producing a flame to light cigarettes, cigars or pipes and which, due to the physical or audio features of the device, excluding its capability of producing a flame, would reasonably be expected to cause the lighter to be appealing or attractive to a child under the age of 10 including, but not limited to, lighters that resemble a cartoon character, toy, gun, watch, musical instrument, vehicle, animal, beverage, sporting equipment or that is capable of playing musical notes or displaying flashing lights.
(b) Whoever manufactures, offers for sale, sells, exchanges, gives away, stores or transports any novelty lighter shall be punished by a fine of not less than $500 and not more than $1,000 or by imprisonment for not more than 1 year, or both.
(c) This section shall not apply: (i) to a novelty lighter manufactured before January 1, 1980 and which is considered a collectible item within the collectible trade; (ii) to a disposable or refillable lighter with a logo, label, decal or artwork printed thereon or on heat shrinkable sleeves attached thereto but which does not otherwise resemble a novelty lighter; or (iii) if not intended for sale or use in the commonwealth, to the interstate transportation of a novelty lighter or to the temporary storage of a novelty lighter while in interstate commerce.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 148a - Code Enforcement Officer › Section 1 - Definitions

Section 1. As used in this chapter the following words shall, unless the context otherwise requires, have the following meanings:—
''Code violation'', a violation of the state building code, 780 CMR or the State Fire Code, 527 CMR.
''Housing court'', the housing court within the county in which an alleged code violation has occurred, or, if there is no housing court in the county, the district court with jurisdiction of the location in which the alleged code violation occurred.
''Local code enforcement officer'', the head of the fire department as defined in section 1 of chapter 148, or a designee of the head of the fire department who is empowered to enforce the state fire code, or the local building inspector empowered to enforce the building code pursuant to section 3A of chapter 143.
''Municipal hearing officer'', a person appointed by the appointing authority of a municipality to conduct requested hearings of code violations pursuant to this chapter.
''Scheduled assessment'', the amount of the civil assessment for a particular code violation as determined jointly by the state fire marshal, commissioner of the division of occupational licensure, and the chief justices of the district and housing court departments, respectively. A scheduled assessment shall not exceed the maximum assessment or fine established by law for each such violation.
''State code enforcement officer'', in cases involving the state fire code, the marshal as defined in section 1 of chapter 148, or in the case of state building code violations, the state building inspector empowered to enforce the building code pursuant to section 3A of chapter 143.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 148a - Code Enforcement Officer › Section 4 - Standardized Notice of Violation Forms

Section 4. The state fire marshal, commissioner of the division of occupational licensure, the chief administrative justices of the district and housing court departments, respectively, and the president of the Massachusetts Municipal Association board of directors shall jointly prescribe standardized notice of violation forms provided for in sections 2 and 3 of this chapter which shall be uniform throughout the commonwealth. The forms, which may be modified periodically, shall clearly state the procedures, rights and obligations of alleged violators who receive such notices. The commissioner of the division of occupational licensure shall provide such forms to be used by local code enforcement officers to each municipality throughout the commonwealth. The charge for each such form shall be no greater than the actual cost incurred by the commissioner to produce such form.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 148a - Code Enforcement Officer › Section 5 - Fines, Penalties, Assessments

Section 5. All fines, penalties or assessments in actions under this chapter, brought by a local code enforcement officer, shall be paid to the general fund of the city or town in which the violation occurred. Such city or town shall earmark such fines, penalties or assessments collected for enforcement, training and education of fire prevention officers, building inspectors, and the stipend for municipal hearing officers, which shall be not less than $2,500 a year. All fines, penalties or assessments in actions brought under this chapter by a state code enforcement officers shall be paid to the commonwealth and shall be forwarded to the department of fire services as revenue to the General Fund and shall be assigned to the department's retained revenue account for the purposes of enforcement, training and education of state code enforcement officers.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 3 - Inspections and Investigations

Section 3. The inspection and investigation carried on by the attorney general shall be a regular and systematic inspection and investigation of all places of employment, other than places of employment of persons engaged in domestic service in the home of the employer, and the conditions of safety and health pertaining thereto.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 5 - Investigations of Industrial Conditions; Complaints; Prosecutions

Section 5. The attorney general may investigate conditions existing in any line of industry, and such investigations may be extended outside of the commonwealth to procure information to promote industrial development or to improve industrial conditions. He shall receive all complaints concerning conditions existing in any industry carried on in the commonwealth, or concerning alleged violations of any laws enforced under his direction, and shall thereupon make or direct all needful and appropriate investigations and prosecutions.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 6 - Safety Devices and Means to Prevent Accidents and Diseases Generally; Fees for Structural Painting

Section 6. The department shall or the attorney general may investigate, from time to time, employments and places of employment, including, but not limited to, such places where temporary personnel and material elevators are used in construction, reconstruction or renovation of buildings, but excluding places of employment of persons engaged in domestic service in the home of the employer, and determine what suitable safety devices or other reasonable means or requirements for the prevention of accidents shall be adopted or followed in any or all such employments or places of employment; and also shall or the attorney general may determine what suitable devices or other reasonable means or requirements for the prevention of industrial or occupational diseases shall be adopted or followed in any or all such employments or places of employment; and shall make reasonable rules, regulations and orders for the prevention of accidents and the prevention of industrial or occupational diseases, and rules and regulations pertaining to structural painting made hereunder may provide for the payment of reasonable fees.
The rules and regulations for elevators and for suitable safety devices or other reasonable means or requirements for the prevention of accidents shall also be applicable to self-employed and individual contractors who themselves work at the trade as well as to employees.
Whoever violates any rule, regulation or requirement made by the department under this section or section 61/2 shall be punished by a fine of not more than one thousand dollars for each offense. The department or its representative or any person aggrieved, any interested party or any officer of any labor union or association, whether incorporated or otherwise, may file a written complaint with the district court in the jurisdiction of which the violation occurs.
The provisions of this section and of sections three and five shall not apply to any employment or place of employment subject to the provisions of section twenty-eight of chapter seven.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 6a - Monitoring, Inspection and Investigation of Work Involving Asbestos

Section 6A. The department shall monitor, inspect and investigate all work, including construction, demolition, alteration or repair, involving any building or structure, including those owned or leased by the commonwealth or any of its political subdivisions or authorities, where such work involves the use or handling of asbestos or material containing asbestos, including the disposal of materials containing asbestos and asbestos contaminated waste. The department may cooperate with the federal government in the furtherance of the provisions of this section and in a manner consistent with section six B of chapter twenty-nine.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 6b - License for Business Activities Involving Asbestos; Fee

Section 6B. No person, firm, corporation or other entity shall enter into, engage in, or work at the business of removal, containment or encapsulation of asbestos or materials containing asbestos, involving any building or structure, including those owned or leased by the commonwealth or any of its political subdivisions or authorities, unless such person, firm, corporation or entity shall have received a license therefor, issued by the commissioner and in accordance with the provisions set forth in this chapter. The secretary of administration shall determine a fee for such license pursuant to section three B of chapter seven.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 6c - Health and Safety of General Public and Asbestos Workers; Rules and Regulations

Section 6C. The commissioner shall promulgate rules and regulations relative to the protection of the general public and the occupational health and safety of workers engaged in the use, handling, removal or disposal of asbestos or materials containing asbestos including, but not limited to, the construction, demolition, alteration or repair of any building or structure, including those owned or leased by the commonwealth or any of its political subdivisions or authorities. Such regulations shall require the adequate instruction and training of workers employed by such contractors. Such training shall include, but not be limited to, instructions in health risks, precautionary measures, protective equipment and other safeguards.
Such regulations shall provide that in order to constitute adequate precautionary measures, protective equipment, or other safeguards within the protective equipment, meet the following requirements:—
(1) Full facepiece Type C supplied-air respirators operated in pressure demand mode equipped with an auxiliary positive pressure self-contained breathing apparatus shall be worn whenever airborne fiber concentrations inside the work area are equal to or greater than 10.0 f/cc.
(2) Full facepiece Type C supplied-air respirators operated in pressure demand mode with HEPA filter disconnect protection shall be worn whenever airborne fiber concentrations inside the work area are equal to or greater than 2.0 f/cc and less than 10.0 f/cc.
(3) Full facepiece powered air-purifying respirators (PAPR) equipped with HEPA filters shall be worn whenever airborne fiber concentrations inside the work area are less than 2.0 f/cc. A supply of charged replacement batteries, HEPA filters and flow test meters shall be available in the clean room for use with powered air-purifying respirators. Any Type C supplied-air respirator operated in continuous flow may be substituted for a powered air-purifying respirator.
(4) Full-face or half mask air-purifying respirators with HEPA filters shall be worn only during asbestos-associated work, preparation of the work area, performance of repairs (e.g. using glovebag techniques), and final clean up procedures.
Any rule or regulation of the department which incorporates or references a rule, regulation or other proceeding of the federal government related to asbestos or asbestos containing material which is administered pursuant to this chapter shall be promulgated in accordance with the provisions of chapter thirty A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 6d - Complaints by Employees Relating to Asbestos; Retaliation by Employer

Section 6D. No employee shall be penalized by an employer in any way as a result of such employee's filing of a complaint or otherwise providing notice to the department in regard to the occupational health and safety of such employee or other workers engaged in the use, handling, removal or disposal of asbestos or materials containing asbestos.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 6d1/2 - Employer Required to Reimburse Health Safety Net Trust Fund; Retaliation by Employer Prohibited

Section 6D1/2. No employee shall be penalized by an employer as a result of such employee's filing of an application to the Health Safety Net Trust Fund or otherwise providing notice to the executive office of health and human services or to a health care provider in regard to the need for health care services for that employee that results in the employer being required to reimburse the fund in whole or in part.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 6e - Violations of Workplace Standards Relating to Asbestos; Cease and Desist Orders

Section 6E. The commissioner, upon determination that there is a violation of any workplace standard relative to the protection of the general public and the occupational health and safety of workers or of any standard or requirement of licensure, may order any work site to be closed by way of the issuance of a cease and desist order enforceable in the appropriate courts of the commonwealth. For purposes of such cease and desist order, the work site may include the area where asbestos related work is being performed and other areas of the building or structure which the commissioner determines may be hazardous to the health and safety of workers or the general public as a result of such asbestos work.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 6f - Penalties for Violations of Secs. 6b to 6e

Section 6F. Any person, firm, corporation or other entity which violates any provision of sections six B to six E, inclusive, shall be punished by a fine of not less than five hundred nor more than fifteen hundred dollars for each such offense. Such violation may be cause for denial, revocation or suspension of a license subject to the determination of the commissioner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 6g - Release or Waiver of Damages Caused by Asbestos

Section 6G. No person, firm, corporation or other entity shall require any other person, firm, corporation or entity to execute a release or waiver of damages caused by exposure to asbestos or asbestos related materials. Any such release or waiver shall be void as against public policy.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 8 - Notices and Hearings Before Adoption of Regulations and Orders; Effective Dates

Section 8. Before adopting any rule or regulation under section six, a public hearing shall be given, and not less than ten days before the hearing a notice thereof shall be published in at least three newspapers, of which one shall be published in Boston. Such rules or regulations, when approved by the associate commissioners and the assistant commissioner, shall, subject to section thirty-seven of chapter thirty, take effect thirty days after such approval or at such later time as the associate commissioners and the assistant commissioner may fix. Before adopting any order a hearing shall be given thereon, of which a notice of not less than ten days shall be given to the persons affected thereby.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 9 - Appeals; Suspensions Pending Hearings; Enforcement of Orders; Other Remedies

Section 9. Any person affected by an order, rule or regulation of the department may appeal to the associate commissioners within such time as they by vote may fix, but not less than ten days after notice of the order or the taking effect of the rules or regulations. The associate commissioners shall thereupon give a hearing, and thereafter may amend, suspend or revoke such order, rule or regulation. Pending the hearing the commissioner may suspend the order, rule or regulation appealed from. Any person aggrieved by an order approved by the associate commissioners may appeal to the superior court within fifteen days after the date of approval. The superior court may annul the order if it is found to exceed the authority of the department, and upon petition of the commissioner may enforce all valid orders issued by the department. This section shall not deprive any person of any other lawful remedy.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 10 - Entry of Places of Employment for Investigations

Section 10. In order to make investigations under section six, members or employees of the department or the attorney general's office may at any time enter places of employment, other than places of employment of persons engaged in domestic service in the home of the employer, when being used for business purposes.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 11 - Reports by Physicians Generally

Section 11. The department may require every physician treating a patient whom he believes to be suffering from any ailment or disease contracted as a result of the nature, circumstances or conditions of the patient's employment to report such information relating thereto as it may require, within such time as it may fix, and it may issue a list of such diseases which shall be regularly reported upon by physicians, and may add to or change such list at any time. The department shall pay no fee for such report. Copies of all such reports and all statistics and data compiled therefrom shall be kept by it, and shall be furnished on request to the department of industrial accidents and the department of public health. No such report shall be subject to summons nor shall its contents be made public.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 11a - Occupational Lead Registry; Blood Lead Testing Reports; Regulations; Enforcement

Section 11A. To assist in the identification and treatment of workers exposed to lead and to reduce the incidence of occupational lead poisoning in the commonwealth, an occupational lead registry shall be established within the department of labor standards.
Every clinical laboratory that performs blood lead testing on site, or that sends blood lead specimens to out-of-state laboratories for lead testing, shall report blood lead test results on individuals over the age of fifteen to the commissioner in a manner to be determined by the commissioner.
The report shall include the identity of the reporting laboratory; the name, date of birth or age, and blood level of the individual tested; the date the blood sample was drawn; and the name and address or telephone number of the health care provider ordering the test; and any other such information as the department deems necessary to carry out the provisions of this chapter. Results of free erythrocyte protoporphyrin or zinc protoporphyrin shall also be reported if available. A health care provider who has ordered a blood lead test shall, upon request by the department, provide information that the department deems necessary to carry out the provisions of this chapter. The clinical laboratory report and the provider information shall be maintained confidential and are not matters of public record; provided, however, that department of public health shall have full access to the reports and provider information for the purposes of research and analysis.
The department shall promulgate such regulations as it deems necessary for the implementation, administration, and enforcement of this chapter. Any person who violates a provision of this chapter, or any regulation adopted or issued thereunder shall be subject to a civil penalty not to exceed five hundred dollars for each violation. Each day such violation occurs or continues shall be considered a separate violation.
The superior court department of the trial court shall have jurisdiction to enjoin violations of, or grant such additional relief as it deems necessary or appropriate to secure compliance with the provisions of this chapter, or any regulations issued or adopted thereunder, upon petition of the attorney general or the department. The department shall not be liable for any filing fee in any such enforcement effort before the superior court.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 12 - Regulations Prevailing Over Regulations of Workmen's Compensation Insurer

Section 12. If any rule or regulation made under authority of section sixty-four of chapter one hundred and fifty-two conflicts with or differs from a rule or regulation of the department, its rule or regulation shall prevail.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 14 - Annual Reports of Commissioner

Section 14. The commissioner shall make an annual report, including the reports required by sections one hundred and sixty and one hundred and seventy of this chapter, section ten of chapter one hundred and fifty, section fifteen of chapter one hundred and fifty-one, and section fifty-seven of chapter ninety-eight. The commissioner shall also include in his report such data as to the work of the division on the necessaries of life as he may deem advisable.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 16 - Receipt of Gift by Inspector

Section 16. An inspector who directly or indirectly receives a reward, gift or gratuity on account of his official services shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than three months, and shall also be discharged from office.