Press Room

An Act implementing the recommendations of the Walsh-Kennedy Commission report establishes criminal penalties for fire code and building code violations that cause the injury or death of a firefighter, construction worker, passerby, or other person hurt by a violation.

The legislation also codifies criteria for the training and certification of people conducting ‘hot work’—including welding, plasma cutting, and spark-producing construction—and establishes enhanced penalties for hot work violations.

The legislation acts on the recommendations of the Walsh-Kennedy Commission, formed by the Legislature to investigate public safety and licensing around hot work following the 2014 Back Bay fire that killed Boston Fire Lieutenant Edward Walsh and Firefighter Michael Kennedy. The fire was caused by unpermitted welding work.

This is the second bill acted upon by the Senate this session intended to strengthen safety for first responders and tradespeople conducting hot work. The first bill, which went on to be passed by the House and signed by the Governor, created requirements for consistent tracking and notification of code violations.

The details of the legislation are below.

Creates Criminal Penalties for Fire Code, Building Code Violations. Sets new criminal penalties for certain violations of the state building code or state fire code. In cases where the violation causes death, the penalty includes up to 10 years in state prison, up to two and a half years in a house of correction, or a fine of up to $500,000. In cases where the violation causes serious bodily injury, the penalty includes up to five years in prison, up to two and a half years in a house of correction, or a fine of up to $250,000.

Creates Stricter Penalties for ‘Hot Work’ Code Violations. Significantly steps up the penalty for violations of the state fire prevention law that relate to hot work, cutting, or welding processes. Going beyond the current $100 fine, the penalty for such violations would be up to $1,000 for the first offense. For a second offense, the penalty would be up to one year in a house of correction and a $2,000 fine. The penalty for third and subsequent offenses would be up to two and a half years in a house of correction; and a fine of up to .025 per cent of the total project value, or $10,000, whichever is greater. In cases where the total cost of the building project where the violation occurred is so great that the fine would be inadequate to deter future offenses, a judge would be allowed to take the project’s size into account and levy additional fines to discourage continued violations.

Supports Preparation for People Conducting ‘Hot Work.’ Codifies standards for the training and certification programs used to prepare people for hot work, cutting, and welding processes. Requires the Department of Fire Services to administer an accessible electronic database that can be used to check a worker’s status. Requires initial training to be in person, with subsequent annual continued-education programming to be either online or in person. Requires in-class offerings to be available in multiple languages.