Legislation Addresses Code Violations, Training Certification
MARCH 28, 2024…..Almost exactly 10 years to the day that two Boston firefighters died in a blaze reportedly sparked by welders working on a brownstone in the Back Bay, all 40 senators voted Thursday to tighten the state’s regulation of so-called hot work like welding, cutting, brazing or other flame-producing operations.
Firefighter Michael Kennedy and Lt. Ed Walsh died in the wind-swept fire on March 26, 2014. Sen. Nick Collins, the chief sponsor of the bill (S 2712) that the Senate passed Thursday, said that “unpermitted, unlicensed welding was being done by torch on a windy day” and that “a wooden shed connected to the brownstone caught fire when the sparks flew into it due to the shoddy work, setting the building on fire.”
In the aftermath of the fatal Back Bay fire, Collins said the state “learned of the gaping holes in our laws and regulations to prevent such shoddy work and ensure that welding and hot works professionals get the training, ongoing training, and compliance with permitting and licensing regulations and standards.” He said the commission that was formed to study hot work came up with a comprehensive regulatory framework to establish and maintain standards of training, oversight and accountability, coupled with enforcement.
Collins’ bill requires the Department of Fire Services to develop and operate a publicly accessible database to document written notices of code violations and fines from violations or noncompliance with state fire code. It seeks to ensure individuals maintain hot work training certification, and requires the Department of Fire Services to coordinate with the Department of Occupational Licensure and local code enforcement officers to compile the data on code violations.
“This bill represents another step in the process of reform. We will continue to debate other elements of the Walsh Kennedy Commission report, particularly adding a criminal negligence statute like the states of New York, California, among others, so that though those whose violations result in death can be charged,” Collins said. “That is for another day.”
Senate Minority Leader Bruce Tarr of Gloucester said the Back Bay fire 10 years ago showed that “something that happens every day in the commonwealth can turn fatal when it’s not conducted properly.” And he agreed with Collins that there will be more work for the Legislature to do on the topic.
“I don’t believe it’s the last step, but it’s an important step. To say that we are going to better understand that activity, sanction its violations, understand trends when improperly-conducted work is occurring, and having that information, we’ll be empowered to act even further to ensure that it’s properly conducted,” Tarr said. “Today, we recognize the sacrifice of those two brave individuals who were lost protecting our safety. And we do one of the most important things that we could do, to recognize that sacrifice, is take action so that never again will a member of the fire service have to be subjected to that danger, and that fate.”
Sens. Paul Feeney of Foxborough and John Keenan of Quincy each used brief floor speeches to both praise the Senate for passing Collins’ bill Thursday and also to call for more attention to issues affecting first responders.
“I am so grateful that we are doing this today, it’s time to turn that tragedy into something positive. And I know that it’s ridiculous sometimes to even have to say, but I mean it from the bottom of my heart and I know everybody here shares it, that if we can take that tragedy and at least see something, something, move forward to protect the lives of firefighters who protect us on a daily basis across the commonwealth of Massachusetts, then I think we’re doing our job and we’re being responsive,” Feeney said. “I hope to see us do more of these types of bills … here in this chamber. Not only as a message to public safety professionals that we’re grateful for their service, but that we care about keeping them alive, too.”
Like Feeney, Keenan alluded to other issues affecting firefighters and first responders, like exposure to toxic chemicals through their turnout gear and firefighting foam, and disproportionately higher rates of certain cancers among firefighters.
“So while grateful and thankful that we can do this, and we thank everybody who’s been involved, we have a lot more to do. And you know what? It’s not all that complicated. It’s not all that difficult. Why can’t we have insurance companies provide insurance coverage so that firefighters can get lung cancer screenings? … It’s just something that we should do,” Keenan said. He added, “It shouldn’t take a tragedy. It shouldn’t take another death. Those are the things that we should be doing. And I hope today marks the passage of this bill, quick movement to the governor’s desk, and then a commitment on all those other important matters that impact firefighters’ lives and their families.”
