BOSTON — Sen. John Cronin recently joined the Massachusetts Senate in passing a bill which would strengthen criminal penalties for fire and building code violations that result in death or serious injury.
The bill, S.3251, was unanimously passed by the Senate on Aug. 13.
Under the bill, people who commit fire or building code violations resulting in death would face up to 10 years in state prison and a fine up to $500,000. Violations resulting in serious bodily injury could carry a penalty of up to five years in prison and a fine up to $250,000.
“This legislation ensures that our firefighters, workers and the public are protected — and those that ignore crucial safety codes and cut corners are held accountable for putting people in danger,” Cronin said in a statement following the approval of the bill.
The bill also includes an amendment made by the Senate to House Bill H.5491, implementing recommendations from the Walsh-Kennedy Commission on fire and building code violations. The Walsh-Kennedy Commission was created in 2014 by Sen. Nick Collins and Rep. Dan Ryan, following a deadly brownstone fire caused by unpermitted welding work resulting in the deaths of Boston Fire Lt. Edward Walsh and firefighter Michael Kennedy
“Lt. Walsh and Firefighter Kennedy’s lives were tragically cut short because someone chose to cut a corner,” Senate President Karen Spilka said. “Absolutely no one should lose a parent, spouse, or loved one because fire code was not followed and this bill makes clear that we will hold people accountable if they ignore safety rules and put other people in danger.”
As a result of Walsh and Kennedy’s deaths, the bill specifically includes increasing penalties for violations of the Massachusetts fire prevention law involving hot work, such as welding, plasma cutting and other spark-producing construction.
The bill would increase the fine for a first hot work violation from $100 to $1,000, with third and subsequent offenses resulting in up to 2 1/2 years in jail, as well as a penalty based on a share of the building project’s total value.
Additionally, the bill establishes criteria for the training and certification of workers conducting hot work.
The bill follows S.1646, a separate bill Cronin shepherded through the Senate, which was passed on June 18. That bill was later passed by the House and signed into law by Gov. Healey on June 26, creating requirements for consistent tracking and notification of fire and building code violations.
The Senate Committee on Ways and Means redrafted S.3251 and reported it to the full Senate Aug. 10 on a 16-0 vote.
Following the passage of S.3251 during the Aug. 13 Senate session, the bill was sent back to the House where it awaits approval.
