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CHAPTER 4
SPECIAL USE AND OCCUPANCY
780 CMR 401.0 GENERAL
401.1 Scope: In addition to the general requirements
of 780 CMR governing the location, construction
and equipment of all buildings and structures, and
the fireresistance ratings, height and area limitations
of Tables 503 and 602, the provisions of 780 CMR 4
shall control all buildings and structures designed for
special occupancies as herein provided.
401.2 Applicable Massachusetts General Law:
Applicable Massachusetts General Laws, and
applicable rules and regulations, specifically (but
not limited to) the referenced portions 310 CMR,
521 CMR, 522 CMR and 527 CMR series as listed
in Appendix A shall be adhered to in the design
and construction of buildings and and structures
subject to the provisions of 780 CMR 4.
780 CMR 402.0 COVERED MALL BUILDINGS
402.1 Scope: The provisions of 780 CMR 402.0
shall apply to buildings or structures defined herein
as covered mall buildings not exceeding three floor
levels in height at any one point. Except as
specifically required by 780 CMR 402.0, covered
mall buildings shall meet all applicable provisions of
780 CMR.
Exceptions: Where approved by the code official,
the following occupancies are not required to
comply with the provisions of 780 CMR 402.0.
1. Foyers and lobbies in occupancies in Use
Group B, R-1 or R-2.
2. Buildings which comply totally with all other
applicable provisions of 780 CMR.
402.2 Definitions: The following words and terms
shall, for the purposes of 780 CMR 402.0 and as
used elsewhere in 780 CMR, have the meanings
shown herein.
Anchor store: An exterior perimeter department
store or major merchandising or magnet center
having direct access to a mall and having its
required exits independent of the mall.
Gross leasable area: The gross leasable area is the
total floor area designed exclusively for tenant
occupancy. The area of tenant occupancy is
measured from the center lines of joint partitions
to the outside of the tenant walls.
Mall: A mall is a roofed-over common pedestrian
area serving more than one tenant located within a
covered mall building.
Mall building, covered: A building enclosing a
number of tenants and occupancies such as retail
stores, drinking and dining establishments,
entertainment and amusement facilities, passenger
transportation terminals, offices and other similar
occupancies wherein two or more tenants have a
main entrance into one or more malls. Anchor
stores shall not be considered as part of the
covered mall building.
402.3 Lease plan: The owner or permit holder shall
provide both the building and fire departments with
a lease plan showing the locations of each
occupancy and its means of egress after the
certificate of occupancy has been issued. Such plans
shall be kept current. Modifications or changes in
occupancy shall not be made from that shown on the
lease plan without prior approval.
402.4 Tenant separations: Each tenant space shall
be separated from other tenant spaces by a fire
partition having a fireresistance rating of not less
than one hour. The fire partition shall comply with
780 CMR 711.0 except that the fire partition is not
required to extend beyond the underside of a ceiling
that is not part of a fireresistance rated assembly. A
wall is not required in attic or ceiling spaces above
tenant separation walls nor is a tenant separation
wall required between any tenant space and a mall,
except for occupancy separations required elsewhere
in 780 CMR.
402.4.1 Anchor store openings: Openings
between an anchor store and the pedestrian area of
a mall are not required to be protected.
402.4.2 Party wall exemption: Anchor stores
located on separate lots shall not be required to
provide party walls between the anchor store and
the covered mall building.
402.5 Egress: Each individual occupancy within the
covered mall building shall be provided with a
means of egress in accordance with other provisions
of 780 CMR. Measurements shall be made to the
entrance to the mall.
402.5.1 Travel distance: The maximum length of
exit access travel from any point within the mall
to an approved exit along the natural and
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unobstructed path of travel shall not exceed 200
feet (60960 mm).
402.5.2 Anchor store exits: Anchor stores shall
provide the required number of exits and the
minimum width for the required exit capacity
directly to the exterior. The occupant load of
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anchor stores opening into the mall shall not be
included in determining exit requirements for the
mall.
402.5.3 Dead ends: The dead end of a mall shall
not exceed twice the width of the mall.
402.5.4 Design occupant load: In determining
required exit facilities of the mall, the number of
occupants for whom exit facilities are to be
provided shall be based on gross leasable area of
the covered mall building (excluding anchor
stores) and the occupant load factor as determined
by the following formula:
OLF = (0.00007) (GLA) + 25
where:
OLF = The occupant load factor (square feet per
person).
GLA = The gross leasable area (square feet).
The occupant load factor (OLF) is not required
to be less than 30 and shall not exceed 50.
402.5.5 Exit access width: The minimum width
of exit access passageways and corridors from a
mall shall be 66 inches (1676 mm).
402.5.6 Exit distribution: The required exits and
exit widths shall be distributed equally throughout
the mall.
402.5.7 Storage prohibited: Storage is prohibited
in exit corridors that are used for service to
tenants. Such corridors shall be posted with
conspicuous signs so stating.
402.5.8 Passenger transportation terminals: A
covered mall building whose primary purpose is a
passenger transportation terminal shall comply
with the means of egress requirements for Use
Group A-3.
402.5.9 Service areas fronting on exit
passageways and corridors: Mechanical rooms,
electrical rooms, building service areas and
service elevators are permitted to open directly
into exit passageways and exit corridors provided
that the required fireresistance rating of the exit
enclosure is maintained.
402.6 Mall width: The minimum width of the mall
shall be 20 feet (6096 mm). There shall be a
minimum of ten feet (3048 mm) clear exit width to a
height of eight feet (2438 mm) between any
projection of a tenant space bordering the mall and
the nearest kiosk, vending machine, bench, display
opening or other obstruction to means of egress
travel. The mall width shall be sufficient to
accommodate the occupant load emptying into the
immediately adjacent mall as determined by
780 CMR 402.5.4 for all occupancies except Use
Groups A and E which shall be determined by
780 CMR 1008.0.
402.7 Structural elements: Covered mall buildings
shall be of Type 1,2 or 4 construction. Covered mall
buildings three stories or less in height are exempt
from the area limitations of Table 503.
402.7.1 Structural elements, anchor stores: An
anchor store three stories or less in height shall be
of Type 1, 2 or 4 construction and is exempt from
the area limitations of Table 503, provided that a
smoke control system conforming to 780 CMR
921.0 is installed in the anchor store. For the
purposes of the design and operation of the fire
emergency ventilation system, the anchor store
shall be considered a tenant space zone.
402.8 Roof coverings: Roof coverings for covered
mall buildings shall be of Class A, B or C as
required by 780 CMR 1506.0.
402.9 Use Groups A-1 and A-2: Use Group A-1
and A-2 occupancies shall not have more than one-
half of their required means of egress opening
directly to the mall (see 780 CMR 1006.2.2).
402.10 Sprinkler system: The mall and all
buildings connected thereto shall be equipped
throughout with an automatic sprinkler system in
accordance with 780 CMR 906.2.1. The system
shall be installed in such a manner that when any
portion of the system serving tenant spaces is shut
down, the portion of the system serving the mall will
remain operational.
402.11 Standpipes: There shall be a standpipe hose
connection located within the mall at each entrance
to an exit passageway, exit corridor or enclosed
stairway and at all exterior entrances to the mall.
The hose connection shall be supplied from the
automatic sprinkler system of the mall or from a
separate standpipe system. The water supply shall
be capable of delivering 250 gallons per minute
(gpm) (0.016 m3/s).
402.12 Smoke control: The mall and adjacent tenant
spaces shall be equipped with a smoke control
system conforming to 780 CMR 921.0.
402.13 Fire department access to equipment
controls: Fire protection system and HVAC system
controls shall be identified, and the fire department
shall have access thereto.
402.14 Plastic panels and plastic signs: Within
every story or level and from side wall to side wall
of each tenant space, approved plastic panels and
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signs shall be limited as specified in 780 CMR
402.14.1 through 402.14.4.
402.14.1 Area: The panels and signs shall not
exceed 20% of the wall area facing the mall.
402.14.2 Height and width: The panels and signs
shall not exceed a height of 36 inches (914 mm);
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except if the panel or sign is vertical, the height
shall not exceed 96 inches (2438 mm) and the
width shall not exceed 36 inches (914 mm).
402.14.3 Location: The panels and signs shall be
located a minimum distance of 18 inches (457
mm) from adjacent tenants.
402.14.4 Encasement: All edges and the backs
shall be fully encased in metal.
402.15 Kiosks: Kiosks and similar structures
(temporary or permanent) shall meet the
requirements of 780 CMR 402.15.1 through
402.15.4.
402.15.1 Construction: Combustible kiosks or
other structures shall not be located within the
mall unless constructed of fireretardant-treated
wood throughout conforming to 780 CMR
2310.0.
402.15.2 Fire suppression: Kiosks and similar
structures that are covered and are located within
the mall shall be protected by an automatic
sprinkler system installed in accordance with
780 CMR 9.
402.15.3 Horizontal separation: The minimum
horizontal separation between kiosks and other
structures within the mall shall be 20 feet (6096
mm).
402.15.4 Maximum area: Kiosks or similar
structures shall have a maximum area of 300
square feet (27.90 m2).
402.16 Parking structures: An attached garage for
the storage of passenger vehicles that have a
capacity of not more than nine persons, or an open
parking structure, shall be considered as a separate
building where it is separated from the covered mall
building by a fire separation assembly having a
fireresistance rating of not less than two hours or
shall be considered as part of the covered mall
building.
780 CMR 403.0 HIGH-RISE BUILDINGS
403.1 Applicability: The provisions of 780 CMR
403.0 shall apply to all buildings more than 70 feet
in height above the mean grade. See M.G.L. c.
148, § 26A.
Exception: The provisions of 780 CMR 403.0
shall not apply to open parking structures (see
780 CMR 406.0 and M.G.L. c. 148, § 26G).
403.2 Sprinkler system: All buildings and
structures shall be equipped throughout with an
automatic sprinkler system in accordance with
780 CMR 906.2.1 and M.G.L. c. 148, § 26A.
Exception: An automatic sprinkler system shall
not be required in spaces or areas of:
1. Open parking structures complying with
780 CMR 406.0.
2. Telecommunications equipment buildings
used exclusively for telecommunications
equipment, associated electrical power
distribution equipment, batteries and standby
engines, provided that those spaces or areas are
equipped throughout with an automatic fire
detection system in accordance with 780 CMR
918.0 and are separated from the remainder of the
building with fire separation assemblies
consisting of one-hour fireresistance rated walls
and two-hour fireresistance rated floor/ceiling
assemblies.
403.3 Alternative sprinkler system: Alternatively,
to qualify for the fireresistance rating reduction for
certain building elements listed in 780 CMR 403.3.3,
the automatic sprinkler system shall comply with
780 CMR 906.2.1 and the optional fire protection
features listed in 780 CMR 403.3.1 and 403.3.2.
403.3.1 Control valves and water-flow devices:
Sprinkler control valves equipped with
supervisory initiating devices and water-flow
initiating devices shall be provided for each floor.
403.3.2 Secondary water supply: In addition to
the main water supply, for buildings located
where the effective peak velocity-related
acceleration (Av) is equal to or greater than 0.20 in
accordance with 780 CMR 1612.1, a secondary
on-site water supply equal to the hydraulically
calculated sprinkler design demand plus 100
gallons per minute (0.0063 m3/s) shall be
provided. This water supply shall have a duration
of 30 minutes.
403.3.3 Automatic sprinkler system alternative:
Where a complete automatic sprinkler system
with additional system features listed in 780 CMR
403.3.3.1 and 403.3.3.2 is installed throughout,
modifications to this code are permitted as
described in 780 CMR 403.3.3.1 and 403.3.3.2.
403.3.3.1 Type of construction: Other than in
buildings with an occupancy in Use Groups F-
l, H-3, M and S-l, the minimum type of
construction required by 780 CMR shall be
modified as indicated in Table 403.3.3.1.
Exception: The Type 1A to 1B
modification shall be permitted for
buildings with an occupancy in Use Groups
F-1, M and S-1.
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Table 403.3.3.1
TYPE OF CONSTRUCTION
MODIFICATIONS PERMITTED FOR
HIGH-RISE BUILDINGS
Type of Construction set
forth in Table 602
Modified type of construction
permitted hereunder
1A
1B
2A
1B
2Aa
2B
Note a. The minimum fireresistance rating floor
construction shall be two hours.
403.3.3.2 Shaft enclosures: The required
fireresistance rating of the fire separation
assemblies enclosing vertical shafts, other
than stairway enclosures and elevator
hoistway enclosures, shall be reduced to one
hour where automatic sprinklers are
installed within the shafts at the top and at
alternate floor levels.
403.4 Automatic fire detection: A smoke detector
suitable for the intended application shall be
installed in each of the following rooms: mechanical
equipment; electrical; transformer; telephone
equipment; elevator machine; or similar room. The
actuation of any detector shall sound an alarm at a
constantly attended location.
403.5 Voice/alarm signaling systems: A
voice/alarm signaling system shall be provided in
accordance with 780 CMR 917.9 and activated in
accordance with 780 CMR 917.7.1.
403.6 Fire department communication system: A
two-way fire department communication system
shall be provided for fire department use. The
communication system shall operate between the fire
command station and every elevator, elevator lobby
and enclosed exit stairway. Acceptable types of fire
department communications shall include:
1. Telephone or fire department radio in lieu of a
dedicated system, where approved by the fire
department; and
2. Intercom or two-way public address system
complying with NFiPA 72 listed in Appendix A.
403.7 Fire command station: A fire command
station for fire department operations shall be
provided in a location approved by the fire
department. The fire command station shall contain:
the voice/alarm signaling system controls; the fire
department communication system controls; the
automatic fire detection and protective signaling
system annunciator panels; an annunciator that
visually indicates the floor location of elevators and
whether they are operational; status indicators and
controls for air-handling systems; controls for
unlocking all stairway doors simultaneously;
sprinkler valve and water-flow detector display
panels; emergency and standby power; status indica-
tors; and a telephone for fire department use with
controlled access to the public telephone system.
403.8 Elevators: Elevator operation and installation
shall be in accordance with 524 CMR. Elevator
service shall be provided for fire department
emergency access to all floors. Elevator cab
dimensions shall conform to the applicable
requirements of 524 CMR.
Except for the main entrance level, all elevators
shall open into a lobby separated from the remainder
of the building by one hour fireresistance rated
construction.
Exit stairways, chutes, janitor closets, tenant
spaces in Use Group R and service rooms shall not
open into the elevator lobby. In Use Groups other
than R, tenant spaces opening into the elevator lobby
shall be provided with other means of exit access
that do not require passage through the elevator
lobby.
Exception: elevator lobbies are not required
when a smoke control system is installed in
accordance with 780 CMR 921.7.
403.9 Standby power, light and emergency
systems: Standby power, light and emergency
systems shall comply with the requirements of
780 CMR 403.9.1 through 403.9.3.
403.9.1 Standby power: A standby power system
conforming to the requirements of 527 CMR as
listed in Appendix A. If the standby system is a
generator set inside a building, the system shall be
located in a separate room enclosed with two-hour
fireresistance rated fire separation assemblies.
System supervision with manual start and transfer
features shall be provided at the fire command
station.
403.9.1.1 Fuel supply: An on-premises fuel
supply, sufficient for not less than two-hour
full-demand operation of the system, shall be
provided.
Exception: Where the system is supplied
with pipeline natural gas and is approved.
403.9.1.2 Capacity: The standby system shall
have a capacity and rating that supplies all
equipment required to be operational at the
same time. The generating capacity is not
required to be sized to operate all of the
connected electrical equipment simultaneously.
403.9.1.3 Connected facilities: All power and
lighting facilities for the fire command station
and elevators specified in 780 CMR 403.7 and
403.8, as applicable, and electrically powered
fire pumps required to maintain pressure, shall
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be transferable to the standby source. Standby
power shall be provided for at least one
elevator to serve all floors and be transferable
to any elevator.
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403.9.2 Separate circuits and fixtures: Separate
lighting circuits and fixtures shall be required to
provide sufficient light with an intensity of not
less than one footcandle (10.76 lux) measured at
floor level in all means of egress corridors,
stairways, smokeproof enclosures, elevator cars
and lobbies, and other areas which are clearly a
part of the escape route.
403.9.2.1 Other circuits: All circuits
supplying lighting for the fire command station
and mechanical equipment rooms shall be
transferable to the standby source.
403.9.3 Emergency systems: Exit signs, exit
illumination as required by 780 CMR 1024.0, and
elevator car lighting are classified as emergency
systems and shall operate within ten seconds of
failure of the normal power supply and shall be
capable of being transferred to the standby source.
Exception: Exit sign, exit and means of egress
illumination are permitted to be powered by a
standby source in buildings of Use Groups F
and S.
403.10 Stairway door operation: All stairway
doors which are to be locked from the stairway side
shall be capable of being unlocked simultaneously
without unlatching upon a signal from the fire
command station.
403.10.1 Stairway communication system: A
telephone or other two-way communication
system connected to an approved constantly
attended station shall be provided at not less than
every fifth floor in each required stairway where
the doors to the stairway are locked.
403.11 Smokeproof enclosures: A smokeproof
enclosure, as set forth in 780 CMR 1015.0 is
required for at least one exit. Other required
stairways greater than 70 feet in height shall be
pressurized to a minimum of 0.15 inches of water
column, but not exceeding 0.35 inches of water
column. Such required stairway pressurization
being relative to building pressure and with all
stairway doors closed. Pressurization design shall
take into consideration maximum anticipated stack
pressure effects in the stairway.
The stairway pressurization system shall be
activated by any devices which are required to
activate the voice alarm system described in
780 CMR 403.5.
780 CMR 404.0 ATRIUMS
404.1 General: The term "atrium" shall mean an
occupied space that includes a floor opening or
series of floor openings, which connects two or more
stories. An atrium shall comply with 780 CMR
404.0 where a shaft enclosure is required by
780 CMR 713.3. Atriums shall be permitted in all
occupancies, other than Use Group H, where
provided with the protection herein required.
404.2 Automatic sprinkler system: The atrium and
all stories and floor areas connected to the atrium
shall be equipped throughout with an automatic
sprinkler system in accordance with 780 CMR
906.2.1. The automatic sprinkler system shall be
supervised in accordance with 780 CMR 923.1,
method 1, 2 or 3.
Exception: An automatic sprinkler system shall
not be required in areas separated from the atrium
by fire separation assemblies in accordance with
780 CMR 709.0.
404.3 Atrium occupancy: The floor of the atrium
shall not be occupied for other than low fire-hazard
occupancies and only approved materials and
decorations shall be located in the atrium space.
Exception: The occupancy of the atrium floor
area for any approved purpose shall not be
restricted where the hazard is protected with an
automatic sprinkler system installed in accordance
with 780 CMR 906.2.1.
404.3.1 Exit discharge: Exit discharge in
accordance with 780 CMR 1020.0 is permitted
within the atrium.
404.4 Smoke control: A smoke control system
complying with 780 CMR 921.0 shall be installed in
all atriums that connect more than two stories.
404.5 Enclosure of atriums: Atrium spaces shall be
separated from adjacent spaces by a one-hour fire
partition as required for corridors.
Exceptions
1. In residential occupancies, protected openings
are not required where the floor area of each guest
room or dwelling unit does not exceed 1,000
square feet (93 m2) and each room or unit has an
approved means of egress not entering the atrium.
2. Adjacent spaces shall be separated from the
atrium by fire windows or by a tempered, wired,
laminated glass or glass-block wall subject to the
following criteria:
2.1. The glass shall be protected by a
specially designed automatic sprinkler system.
The sprinkler system shall completely wet the
entire surface of the glass wall when actuated.
Where there are walking surfaces on both sides
of the glass, both sides of the glass shall be so
protected;
2.2. The tempered, wired or laminated glass
shall be in a gasketed frame and installed in
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such a manner that the framing system will
deflect without breaking (loading) the glass
before the sprinkler system operates;
2.3. The glass-block wall assembly shall be
installed in accordance with the listing for a ¾-
hour fireresistance rating and the requirements
of 780 CMR 2115.0; and
2.4. Obstructions, such as curtain rods,
drapery traverse rods, curtains, drapes or
similar materials shall not be installed between
the automatic sprinklers and the glass.
3. The adjacent spaces of any three floors of the
atrium shall not be required to be separated from
the atrium; however, these spaces shall be
included in the atrium volume for the design of
the smoke control system (see 780 CMR 921.0).
404.6 Signaling system: A fire protective signaling
system shall be installed in all occupancies with an
atrium that connects more than two stories. The
system shall be activated in accordance with
780 CMR 917.7.1. Such occupancies in Use Group
A, E or M shall be provided with a voice/alarm
signaling system complying with the requirements of
780 CMR 917.9.
404.7 Travel distance: In other than the lowest level
of the atrium, where the required means of egress is
through the atrium space, the portion of exit access
travel distance within the atrium space shall not
exceed 150 feet (45720 mm).
780 CMR 405.0 UNDERGROUND
STRUCTURES
405.1 Applicability: The provisions of 780 CMR
405.0 apply to all structures having a floor level
used for human occupancy more than 30 feet (9144
mm) below, or more than one story below, the
lowest level of exit discharge serving that floor level.
Exception: The provisions of 780 CMR 405.0
shall not apply to the following structures:
1. Occupancies in Use Group R-3 equipped
throughout with an automatic sprinkler system in
accordance with 780 CMR 906.0.
2. Public garages equipped throughout with an
automatic sprinkler system in accordance with
780 CMR 906.0.
3. Fixed guideway transit systems.
4. Occupancies in Use Group A-5.
5. Structures wherein the lowest story is the only
story that qualifies the structure as an
underground structure and which have an area not
exceeding 1,500 square feet (140 m2) and an
occupant load less than ten.
405.2 Construction: The underground portion of the
structure shall be of Type 1 construction.
405.3 Automatic sprinkler system: The highest
level of exit discharge serving the underground
portions of the structure and all levels below shall be
equipped throughout with an automatic sprinkler
system in accordance with 780 CMR 906.0.
405.4 Compartmentation: In structures that have a
floor level more than 60 feet (18288 mm) below the
lowest level of exit discharge, the highest level of
exit discharge serving the underground portions of
the structure and all levels below shall each be
divided into a minimum of two compartments of
approximately equal size by a smoke barrier in
accordance with 780 CMR 7l2.0.
Exception: Two compartments are not required in
the lowest story where such story has an area of
less than 1,500 square feet (140 m2) and an
occupant load of less than ten.
405.4.1 Smoke barrier penetrations:
Penetrations of the smoke barrier shall be limited
to plumbing and automatic sprinkler system
piping and electrical raceways. The air supply,
return and exhaust system provided in one
compartment shall be independent of such
systems provided in other compartments.
405.4.2 Elevators: Where elevators are provided,
each compartment shall have direct access to an
elevator. Where an elevator serves more than one
compartment, an elevator lobby shall be provided
and shall be separated from both compartments by
a fire separation assembly having not less than a
one-hour fireresistance rating.
405.4.3 Egress: Each compartment shall contain
not less than one exit and shall also have an exit
access doorway into the adjoining compartment.
405.5 Smoke exhaust system: Where
compartmentation is required by 780 CMR 405.4,
each compartment shall have an independent
automatically activated smoke exhaust system
capable of manual operation. The system shall have
an air supply and smoke exhaust capability which
will provide a minimum of six air changes per hour.
405.5.1 Automatic fire detection: A smoke
detector complying with 780 CMR 918.8 and
suitable for the intended use shall be installed in
each of the following rooms: mechanical
equipment; electrical; transformer; telephone
equipment; elevator machine; or similar room.
The actuation of any detector shall sound an alarm
at a constantly attended location.
405.5.2 Activation: The smoke exhaust system
shall be activated in the compartment of origin by
actuation of the following, independently of each
other:
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1. Automatic sprinkler system;
2. Smoke detectors required by 780 CMR
405.5.1; and
3. Manual controls provided for fire
department use.
405.6 Fire protective signaling system: Where the
lowest level of a structure is more than 60 feet
(18288 mm) below the lowest level of exit
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discharge, the structure shall be equipped
throughout with a fire protective signaling system in
accordance with 780 CMR 917.0, including a
voice/alarm signaling system installed in accordance
with 780 CMR 917.9 and activated in accordance
with 780 CMR 917.7.1.
405.7 Public address: Where a fire protective
signaling system is not required by 780 CMR 405.6
or 917.4, a public address system shall be provided
which shall be capable of transmitting voice
communications to the highest level of exit
discharge serving the underground portions of the
structure and all levels below.
405.8 Standby power: A standby power system of
sufficient capacity and rating and conforming to the
requirements of 527 CMR 12.00 as listed in
Appendix A shall be provided.
405.8.1 Fuel supply: If the standby system is a
generator set inside a structure, the system shall
be located in a separate room enclosed with two-
hour fireresistance fire rated fire separation
assemblies. System supervision with manual start
and transfer features shall be provided at the
central station.
405.8.2 Capacity: The standby system shall
supply the following required systems:
1. Smoke exhaust system.
2. Smokeproof enclosure.
3. Fire pumps.
4. One elevator to serve all floors with the
capability of transferring power to any
elevator.
5. Emergency electrical system.
405.9 Emergency power: An emergency electrical
system of sufficient capacity and rating and
conforming to the requirements of 527 CMR 12.00
as listed in Appendix A shall be provided. The
emergency system shall supply the following
required systems:
1. Voice communication system.
2. Fire protective signaling system.
3. Fire detection systems.
4. Elevator car lighting.
5. Means of egress lighting and exit sign
illumination.
780 CMR 406.0 OPEN PARKING
STRUCTURES
406.1 General: Open parking structures are those
structures used for the parking or storage of
passenger motor vehicles designed to carry not more
than nine persons, wherein provision for the repair
of such vehicles is not made and where the exterior
walls of the structure have openings on not less than
two sides. Open parking structures are not required
to conform to 780 CMR 408.0 for public garages.
406.1.1 Openings: The exterior walls of the open
parking structure shall have uniformly distributed
openings on not less than two sides totaling not
less than 40% of the building perimeter. The
aggregate area of such openings in exterior walls
in each level shall not be less than 20% of the
total perimeter wall area of each level. Interior
wall lines and column lines shall be at least 20%
open with openings distributed to provide
ventilation.
Exception: Openings are not required to be
distributed over 40% of the building perimeter
where the required openings are uniformly
distributed over two opposing sides of the
building.
406.1.2 Separation: Exterior walls containing
openings shall have a fire separation distance of
greater than ten feet (3048 mm).
406.2 Construction requirements: Passenger
vehicle structures shall be constructed of approved
non combustible materials throughout, including
structural framing, floors, roofs and walls. Any
enclosed room or space on the premises shall
comply with the applicable requirements of
780 CMR.
406.3 Fuel dispensing: Areas where fuel is
dispensed shall conform to the requirements of
780 CMR 408.4.
406.4 Heights and areas: Heights and areas of open
parking structures shall not exceed the limitations
specified in Table 406.4, except as provided for in
780 CMR 406.4.1. The heights and areas are
subject to the increases indicated in 780 CMR 504.0
and 506.0. The above height limitations permit
parking on the roof.
Table 406.4
HEIGHT AND AREA LIMITATIONS FOR
OPEN PARKING STRUCTURES
Type of
construction
Heighta
Area (square feet)a
1A and 1B
Unlimited
Unlimited
2A
2B
12 Stories - 120 feet
10 Stories - 100 feet
Unlimited
50,000
2C
8 Stories - 85 feet
50,000
Note a. 1 foot = 304.8 mm; 1 square foot = 0.093
m2
406.4.1 Unlimited area: Structures with all sides
open shall be unlimited in area provided that the
height does not exceed 75 feet (22860 mm). For a
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side to be considered open, the total area of
openings along the side shall not be less than 50%
of the exterior area of the side at each parking
level and such openings shall be equally
distributed along the length of each level. All
portions of each parking level shall be within 200
feet (60960 mm) horizontally from an exterior
wall opening on any permanent open space.
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406.5 Guards: All open-sided floor areas shall be
provided with a guard in accordance with 780 CMR
1021.0, except that in those structures wherein
vehicles are hoisted to the desired level and placed
in the parking space entirely by approved
mechanical means, the guard is not required on the
side of the parking levels adjacent to the space
occupied by the hoisting and placing equipment.
406.6 Wheel guards: Wheel guards made of
approved noncombustible material shall be placed
wherever required.
780 CMR 407.0 PRIVATE GARAGES
407.1 General: Private garages shall comply with
the requirements of 780 CMR 407.0. All private
garages not falling within the purview of 780 CMR
407.3 through 407.7 and which are attached to or
located beneath a building shall comply with the
requirements of 780 CMR 313.0 for public garages.
407.2 Definitions: The following words and terms
shall, for the purposes of 780 CMR 407.0 and as
used elsewhere in 780 CMR, have the meanings
shown herein.
Garage, private: A garage for four or less passenger
motor vehicles, four or less single motor
airplanes, or one commercial motor vehicle,
without provision for repairing or servicing such
vehicles for profit.
407.3 Beneath rooms: Private garages located
beneath habitable rooms in occupancies in Use
Group R-1, R-2, R-3 or I-1 shall be separated from
adjacent interior spaces by fire partitions and
floor/ceiling assemblies which are constructed with
not less than a one-hour fireresistance rating. Wood
structural members of the minimum dimensions
specified in 780 CMR 2304.0 for Type 4
construction shall be acceptable without any further
protection where a one-hour fireresistance rating is
required.
407.4 Attached to rooms: Private garages attached
side-by-side to rooms in occupancies in Use Group
R-1, R-2, R-3 or I-1 shall be completely separated
from the interior spaces and the attic area by means
of _-inch Type-X gypsum board or the equivalent
applied to the garage side.
407.5 Door sills: The sills of all door openings
between private garages and adjacent interior spaces
shall be raised not less than four inches (102 mm)
above the garage floor.
407.6 Opening protectives: The door opening
protectives shall comply with one of the following.
1. 1¾-inch solid core wood door.
2. 1¾-inch solid or honeycomb core steel door.
407.7 Firestopping of concealed spaces: Where a
garage is connected to an occupancy in Use Group
R-3 by a concealed space, such as a breezeway, that
is of Type 5B construction and ten feet (3048 mm)
or greater in length, the junction of the garage and
the concealed space shall be firestopped to comply
with 780 CMR 720.0.
407.8 Means of egress: Where living quarters are
located above a private garage, the required means
of egress facilities shall be separated from the garage
area with one-hour fireresistance rated construction.
780 CMR 408.0 PUBLIC GARAGES
408.1 General: Public garages shall comply with
the applicable requirements of 780 CMR 408.0.
Those portions of public garages where paint
spraying is done shall comply with the requirements
of 780 CMR 419.0.
408.2 Definitions: The following words and terms
shall, for the purposes of 780 CMR 408.0 and as
used elsewhere in 780 CMR have the meanings
shown herein.
Garage, public: A building or structure for the
storage or parking of more than four passenger
motor vehicles, motor-powered boats or private or
commercial airplanes, or more than one
commercial motor vehicle. Public garages shall
be classified in one of the following groups
according to their specific occupancies:
Group 1: A public garage occupied for the
storage, parking, repairing or the painting of, or
the dispensing of fuel to, motor vehicles.
Group 2: A public garage occupied exclusively
for passenger vehicles that will accommodate not
more than nine passengers.
408.3 Construction: All Group 1 public garages
hereafter erected shall be classified as Use Group S-
1 and all Group 2 public garages shall be classified
as Use Group S-2; both shall conform to the height
and area limitations of Table 503 except as
specifically provided for herein.
408.3.1 Sprinkler system: All public garages
shall be equipped throughout with an automatic
sprinkler system in accordance with 780 CMR
906.2.1:
1. Where any fire area exceeds 12,000 square
feet (1116 m2) ;
2. Where the total area of all fire areas on all
floors exceeds 24,000 square feet (2232 m2);
3. Where any fire area is more than three
stories above grade; or
4. Where located beneath other use groups.
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For the purposes of 780 CMR 408.0, a roof
occupied for the parking or storage of motor
vehicles shall not constitute a story.
408.3.2 Roof storage of motor vehicles: Where
the roof of a building is occupied for the parking
or storage of motor vehicles, such roof shall be
provided with a parapet wall or a guard
constructed in accordance with 780 CMR 1021.0,
and with a wheel guard not less than six inches
(152 mm) in height that is located so as to prevent
any vehicle from striking the parapet wall or
guard.
408.3.3 Floor construction: The floor finish of
public garages, including airplane hangers, shall
be of concrete or other approved nonabsorbent,
noncombustible material.
408.4 Fuel-dispensing areas: Fuel-dispensing areas
shall be located on the level nearest grade. Public
garages with fuel-dispensing areas shall be
completely separated from any other use group by
fire separation assemblies having a minimum
fireresistance rating of two hours. The floors of the
fuel-dispensing areas shall be graded to a floor
drainage system such that any fuel spill or leak is
contained within the area. The drainage system shall
conform to the requirements of the plumbing code
listed in Appendix A. The fuel-dispensing area shall
be equipped with an automatic sprinkler system in
accordance with 780 CMR 9.
408.4.1 Fuel-dispensing systems: All fuel-
dispensing and fuel storage systems shall conform
to the requirements of the mechanical code listed
in Appendix A.
408.5 Ventilation: All public garages shall be
ventilated in accordance with the mechanical code
listed in Appendix A. Fuel-dispensing areas shall be
mechanically ventilated.
408.6 Special hazards: Any process conducted in
conjunction with public garages which involves
volatile flammable solvents shall be segregated or
located in a detached building or structure, except as
provided for in 780 CMR 418.0 for the storage and
handling of gasoline and other volatile flammables.
The quantity of flammable liquids stored or handled
in public garages except in underground storage
tanks, in special enclosures where permitted in
accordance with NFiPA 30A and the fire prevention
code listed in Appendix A, and in the tanks of motor
vehicles— shall not be more than five gallons (0.019
m2) in approved safety cans.
780 CMR 409.0 USE GROUP I-2
409.1 General: All occupancies in Use Group I-2
shall comply with the provisions of 780 CMR 409.0
and all other applicable provisions of 780 CMR,
except that 780 CMR 409.0 shall not apply to
occupancies in Use Group I-2 that are not equipped
throughout with an automatic sprinkler system in
accordance with 780 CMR 906.0.
Note: Hospitals, nursing homes and
convalescent homes shall be constructed of Type
1 construction, in accordance with M.G.L.
c. 111, §§ 51 and 71.
409.2 Corridors: All corridors in occupancies in
Use Group I-2 shall be continuous to the exits and
separated from all other areas except waiting areas,
nurses' stations and mental health treatment areas
conforming to 780 CMR 409.2.1 through 409.2.4.
409.2.1 Waiting areas: Waiting areas shall not be
open to the corridor, except where all of the
following criteria are met:
1. The aggregate area of waiting areas in each
smoke compartment does not exceed 600
square feet (56m2);
2. Each area is located to permit direct visual
supervision by facility staff;
3. Each area is equipped with an automatic
fire detection system installed in accordance
with 780 CMR 918.0; and
4. Each area is arranged so as not to obstruct
access to the required exits.
409.2.2 Waiting areas of unlimited area: Spaces
constructed as required for corridors shall not be
open to a corridor, except where all of the
following criteria are met:
1. The spaces are not occupied for patient
sleeping rooms, treatment rooms or specific
occupancy areas as defined in 780 CMR
302.1.1;
2. Each space is located to permit direct
visual supervision by the facility staff;
3. Both the space and corridors that the space
opens into in the same smoke compartment are
protected by an automatic fire detection system
installed in accordance with 780 CMR 918.0;
and
4. The space is arranged so as not to obstruct
access to the required exits.
409.2.3 Nurses' stations: Spaces for doctors' and
nurses' charting, communications and related
clerical areas shall not be open to the corridor,
except where such spaces are constructed as
required for corridors.
409.2.4 Mental health treatment areas: Areas
wherein only mental health patients who are
capable of self-preservation are housed, or group
meeting or multipurpose therapeutic spaces other
than specific occupancy areas as defined in
780 CMR 302.1.1, under continuous supervision
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by facility staff, shall not be open to the corridor,
except where all of the following criteria are met:
1. Each area does not exceed 1,500 square
feet (140 m2);
2. The area is located to permit supervision by
the facility staff;
3. The area is arranged so as not to obstruct
any access to the required exits;
4. The area is equipped with an automatic fire
detection system installed in accordance with
780 CMR 918.0;
5. Not more than one such space is permitted
in any one smoke compartment; and
6. The walls and ceilings of the space are
constructed as required for corridors.
409.3 Corridor walls: Corridor walls shall form a
barrier to limit the transfer of smoke. The walls
shall extend from the floor to the underside of the
floor or roof deck above or to the underside of the
ceiling above where the ceiling membrane is
constructed to limit the transfer of smoke.
409.3.1 Corridor doors: Corridor doors, other
than those in a wall required to be rated by
780 CMR 302.1.1 or for the enclosure of a
vertical opening or an exit, shall not have a
required fireresistance rating and shall not be
required to be equipped with self-closing or
automatic-closing devices, but shall provide an
effective barrier to limit the transfer of smoke and
shall be equipped with positive latching. Roller
latches are not permitted. All other doors shall
conform to 780 CMR 716.0.
409.3.2 Locking devices: Locking devices which
restrict access to the patient room from the
corridor, and which are operable only by staff
from the corridor side, shall not restrict the means
of egress from the patient room except for patient
rooms in mental health facilities. Also see
780 CMR 1017.4.1.8(2).
409.4 Smoke barriers: Smoke barriers shall be
provided to subdivide every story used by patients
for sleeping or treatment into at least two smoke
compartments. Such stories shall be divided into
smoke compartments with an area of not more than
22,500 square feet (2092 m2) and the travel distance
from any point in a smoke compartment to a smoke
barrier door shall not exceed 150 feet (45720 mm).
The smoke barrier shall be in accordance with
780 CMR 712.0.
409.4.1 Refuge area: At least 30 net square feet
(2.8 m2) per patient shall be provided within the
aggregate area of corridors, patient rooms,
treatment rooms, lounge or dining areas and other
low-hazard areas on each side of each smoke
barrier. On floors not housing patients confined
to a bed or litter, at least six net square feet (0.56
m2) per occupant shall be provided on each side of
each smoke barrier for the total number of
occupants in adjoining smoke compartments.
409.4.2 Independent egress: A means of egress
shall be provided from each smoke compartment
created by smoke barriers without having to
return through the smoke compartment from
which means of egress originated.
409.5 Automatic sprinkler system: Smoke
compartments containing patient sleeping rooms
shall be equipped throughout with an automatic
sprinkler system in accordance with 780 CMR
906.2.1. Patient sleeping rooms shall be equipped
with quick-response sprinklers.
409.5.1 Automatic fire detection: Patient
sleeping rooms in nursing homes (both
intermediate care and skilled nursing facilities)
and detoxification facilities shall be provided with
a smoke detector that is permanently connected to
the normal power supply and that complies with
the requirements of UL 217 or UL 268 listed in
Appendix A. Such detectors shall provide a
visual display on the corridor side of each patient
room and shall provide an audible and visual
alarm at the nursing station attending that room.
Where such detectors and related devices are not
combined with the nursing call system, the
detectors shall be installed in accordance with
780 CMR 918.0.
Exceptions:
1. Smoke detectors are not required in patient
rooms equipped with automatic door-closing
devices with integral smoke detectors on the
room sides installed in accordance with their
listing, provided that the integral detectors
perform the required alerting function.
2. Patient-room smoke detectors installed in
accordance with 780 CMR 918.0 are not
required to activate the fire protective signaling
system where the visual and audible alarms
required in 780 CMR 409.5.1 are provided.
3. Sleeping rooms of a child care facility as
specified in 780 CMR 308.3.1.
780 CMR 410.0 USE GROUP I-3
410.1 General: All occupancies in Use Group I-3
shall comply with the provisions of 780 CMR 410.0
and all other applicable provisions of 780 CMR (see
780 CMR 308.4).
410.2 Mixed use groups: Portions of buildings with
an occupancy in Use Group I-3 which are classified
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as a different use group shall meet the applicable
requirements of 780 CMR for such use groups.
Where security operations necessitate the locking of
required means of egress, provisions shall be made
for the release of occupants at all times.
410.3 Means of egress: Except as modified or as
provided for in 780 CMR 410.0, the provisions of
780 CMR 10 shall apply.
410.3.1 Door width: Doors to resident sleeping
rooms shall have a clear width of not less than 28
inches (711 mm).
410.3.2 Sliding doors: Where doors in a means of
egress are of the horizontal-sliding type, the force
to slide the door to its fully open position shall not
exceed 50 pounds (222 N) with a perpendicular
force against the door of 50 pounds (222 N).
410.3.3 Horizontal exits: Horizontal exits shall
be permitted to comprise 100% of the exits
required provided that access to an exit, other than
a horizontal exit, is available in another fire
compartment without requiring return through the
compartment of origin. At least six square feet
(0.56 m2) of available space per occupant shall be
provided on each side of the horizontal exit for
the total number of occupants in the compartment
served by that exit.
410.3.4 Spiral stairs and alternating tread
stairways: Spiral stairs that conform to the
requirements of 780 CMR 1014.6.4 and
alternating tread stairways that conform to the
requirements of 780 CMR 1014.6.6 are permitted
for access to and in between staff locations.
410.3.5 Exit discharge: Exits are permitted to
discharge into a fenced or walled courtyard.
Enclosed yards or courts shall be of a size to
accommodate all occupants, a minimum of 50 feet
(15240 mm) from the building with a net area of
15 square feet (1.4 m2) per person.
410.3.6 Sallyports: A sallyport shall be permitted
in a means of egress where there are provisions
for continuous and unobstructed passage through
the sallyport during an emergency exiting
condition. A sallyport is a security vestibule with
two or more doors where the intended purpose is
to prevent continuous and unobstructed passage
by allowing the release of only one door at a time.
410.3.7 Exit stairways: One of the required exit
stairways in each building shall be permitted to
have glazing installed in doors and interior walls
at each landing level providing access to the
stairway, provided that all of the following
conditions are met:
1. The stairway shall not serve more than four
floor levels.
2. Stair doors shall not be less than ¾-hour
fire doors complying with 780 CMR 716.0.
3. The total area of glazing at each floor level
shall not exceed 5,000 square inches (3.23 m2)
and individual panels of glazing shall not
exceed 1,296 square inches (0.84 m2).
4. The glazing shall be protected on both
sides by an automatic sprinkler system. The
sprinkler system shall be designed to wet
completely the entire surface of any glazing
affected by fire when actuated.
5. The glazing shall be in a gasketed frame
and installed in such a manner that the framing
system will deflect without breaking (loading)
the glass before the sprinkler system operates.
6. Obstructions, such as curtain rods, drapery
traverse rods, curtains, drapes or similar
materials shall not be installed between the
automatic sprinklers and the glazing.
410.4 Locks: Egress doors are permitted to be
locked in accordance with the applicable use
condition. Doors from an area of refuge to exterior
are permitted to be locked with a key lock the in lieu
of locking methods described in 780 CMR 410.4.1.
The keys to unlock the exterior doors shall be
available at all times and the locks shall be operable
from both sides of the door.
410.4.1 Remote release: All remote release of
locks on doors in a means of egress shall be
provided with reliable means of operation, remote
from the resident living areas, to release locks on
all required doors. In Occupancy Conditions III
or IV, the arrangement, accessibility and security
of the release mechanism(s) required for egress
shall be such that with the minimum available
staff at any time, the lock mechanisms are capable
of being released within two minutes.
Exception: Provisions for remote locking and
unlocking of occupied rooms in Occupancy
Condition IV are not required provided that not
more than ten locks are necessary to be
unlocked in order to move all occupants from
one smoke compartment to an area of refuge
within three minutes. The opening of all
necessary locks shall be accomplished with not
more than two separate keys.
410.4.2 Power-operated doors and locks: All
power-operated sliding doors or power-operated
locks for swinging doors shall be operable by a
manual release mechanism at the door, and either
emergency power or a remote mechanical
operating release shall be provided.
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410.4.3 Redundant operation: Remote release,
mechanically operated sliding doors or remote
release, mechanically operated locks shall be
provided with a mechanically operated release
mechanism at each door, or shall be provided with
a redundant remote release control.
410.4.4 Relock capability: Doors remotely
unlocked under emergency conditions shall not
automatically relock when closed unless specific
action is taken at the remote location to enable
doors to relock.
410.4.5 Emergency power: Emergency power in
accordance with 527 CMR 12.00 as listed in
Appendix A shall be provided for all electrically
power-operated sliding doors and power-operated
locks.
Exception: Facilities with ten locks or less
complying with the exception to 780 CMR
410.4.1.
410.5 Vertical openings: Vertical openings shall be
enclosed in accordance with 780 CMR 713.3.
Exception: A floor opening between floor levels
of residential housing areas is permitted without
enclosure protection between the levels, provided
that all of the following conditions are met:
1. The entire normally occupied areas so
interconnected are open and unobstructed so as
to enable observation of the areas by
supervisory personnel.
2. Means of egress capacity is sufficient to
provide simultaneous egress for all occupants
from all interconnected levels and areas.
3. The height difference between the highest
and lowest finished floor levels shall not
exceed 23 feet (7010 mm). Each story,
considered separately, has at least one-half of
its individual required means of egress capacity
provided by exits leading directly out of that
story without traversing another story within
the inter-connected area.
410.6 Smoke barrier: All occupancies in Use
Group I-3 shall have smoke barriers complying with
780 CMR 712.0 to divide every story occupied by
residents for sleeping, or any other story having an
occupant load of 50 or more persons, into at least
two smoke compartments.
Exception: Spaces having direct exit to one of the
following, provided that the locking arrangement
of the doors involved complies with the
requirements for doors at the compartment barrier
for the use condition involved:
1. A public way;
2. A building separated from the resident
housing area by a two-hour fireresistance rated
assembly or 50 feet (15240 mm) of open space; or
3. A secured yard or court having a holding
space 50 feet (15240 mm) from the housing area
that provides six square feet (0.56 m2) or more of
refuge area per occupant including residents, staff
and visitors.
410.6.1 Smoke compartments: The maximum
number of residents in any smoke compartment
shall be 200. The travel distance to a door in a
smoke barrier from any room door required as exit
access shall not exceed 150 feet (45720 mm).
The travel distance to a door in a smoke barrier
from any point in a room shall not exceed 200 feet
(60960 mm).
410.6.2 Refuge area: At least six net square feet
per occupant shall be provided on each side of
each smoke barrier for the total number of
occupants in adjoining smoke compartments.
This space shall be readily available whenever the
occupants are moved across the smoke barrier in a
fire emergency.
410.6.3 Independent egress: A means of egress
shall be provided from each smoke compartment
created by smoke barriers without having to
return through the smoke compartment from
which means of egress originates.
410.7 Subdivision of resident housing areas:
Sleeping areas including an individual cell or
dormitory and any contiguous day room, group
activity space or other common spaces where
residents are housed shall be separated from all other
spaces in accordance with 780 CMR 410.7.1 through
410.7.4.
410.7.1 Occupancy Conditions III and IV: Each
sleeping area in Occupancy Conditions III and IV
shall be separated from the adjacent common
spaces by a smoke-tight partition where the travel
distance from the dormitory room or cell through
the common space to the exit access corridor
exceeds 50 feet (15240 mm).
410.7.2 Occupancy Condition V: Each sleeping
area in Occupancy Condition V shall be separated
from adjacent sleeping areas, corridors and
common spaces by a smoke-tight partition.
Additionally, common spaces shall be separated
from the exit access corridor by a smoke-tight
partition.
410.7.3 Openings in room face: The aggregate
area of all openings in a solid sleeping room face
in Occupancy Conditions II, III, IV and V shall
not exceed 120 square inches (77419 mm2). The
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80 780 CMR - Sixth Edition 1/19/01
aggregate area shall include all openings
including door undercuts, food passes and grilles.
All openings shall be not more than 36 inches
(914 mm) above the floor. In Occupancy
Condition V, the openings shall be closable from
the room side.
410.7.4 Smoke-tight doors: Doors in openings in
partitions required to be smoke tight by 780 CMR
410.7 shall be substantial doors, of construction
that will resist the passage of smoke. Latches and
door closers are not required on cell doors.
410.8 Windowless buildings: For the purposes of
780 CMR 410.8, a windowless building or portion of
a building is one with nonopenable windows,
windows not readily breakable or without windows.
Windowless buildings shall be provided with vent
openings, smoke shafts or an engineered smoke
control system to provide ventilation (mechanical or
natural) for each windowless smoke compartment.
780 CMR 411.0 MOTION PICTURE
PROJECTION ROOMS, SCREENING
ROOMS AND SOUND STAGES
(Refer to M.G.L. c. 143, § 89 for additional
information regarding cellulose nitrate film and
Appendix A for related Code of Massachusetts
Regulations [CMR’s]).
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411.1 General: The provisions of 780 CMR 411.0
shall apply to rooms in which ribbon-type cellulose
acetate or other safety film is utilized in conjunction
with electric arc, xenon or other light-source
projection equipment which develops hazardous
gases, dust or radiation. Where cellulose nitrate film
is utilized or stored, such rooms shall comply with
NFiPA 40 listed in Appendix A.
Every motion picture machine projecting film as
mentioned within the scope of 780 CMR 411.0 shall
be enclosed in a projection room. Appurtenant
electrical equipment, such as rheostats, transformers
and generators, shall be within the projection room
or in an adjacent room of equivalent construction.
There shall be posted on the outside of each
projection room door and within the projection room
itself, a conspicuous sign with one-inch (25 mm)
block letters stating "Safety Film Only Permitted in
this Room".
411.2 Construction of projection rooms: Every
projection room shall be of permanent construction
consistent with the construction requirements for the
type of building in which the projection room is
located. Openings are not required to be protected.
The room shall have a floor area of not less than
80 square feet (7.44 m2) for a single machine. Each
motion picture projector, floodlight, spotlight or
similar piece of equipment shall have a clear
working space of not less than 30 inches by 30
inches (762 mm by 762 mm) on each side and at the
rear thereof, but only one such space shall be
required between two adjacent projectors. The
projection room and the rooms appurtenant thereto
shall have a ceiling height of not less than seven feet
six inches (2286 mm). The aggregate of openings
for projection equipment shall not exceed 25% of the
area of the wall between the projection room and the
auditorium. All openings shall be provided with
glass or other approved material, so as to close
completely the opening.
411.3 Projection booth and equipment
ventilation: Projection booths and equipment shall
be ventilated in accordance with the mechanical
code listed in Appendix A.
411.4 Lighting control: Provision shall be made for
control of the auditorium lighting and the means of
egress lighting systems of theaters from inside of the
room and from at least one other convenient point in
the building as required in 780 CMR 1024.3.1.
411.5 Miscellaneous equipment: Each projection
room shall be provided with rewind and film storage
facilities.
411.6 Screening rooms: Screening rooms shall
provide a seating capacity of not more than 30
persons, with not less than two approved means of
egress complying with 780 CMR 10. Such rooms
shall be enclosed in one-hour fire separation
assemblies. All seats shall be permanently fixed in
position and the arrangement shall comply with the
requirements of 780 CMR 1012.0.
411.7 Sound stage construction: All sound stages
for motion picture or television productions shall be
equipped throughout with an automatic sprinkler
system installed in accordance with 780 CMR 9.
780 CMR 412.0 STAGES AND
PLATFORMS
412.1 Applicability: The provisions of 780 CMR
412.0 shall apply to all parts of buildings and
structures which contain stages or platforms and
similar appurtenances as herein defined.
412.2 Definitions: The following words and terms
shall, for the purposes of 780 CMR 412.0 and as
used elsewhere in 780 CMR, have the meanings
shown herein.
Platform: A platform is a raised area within a
building for: the presentation of music, plays or
other entertainment; the head table for special
guests; the raised area for lectures and speakers;
boxing and wrestling rings; theater-in-the-round;
and similar purposes wherein there are no
overhead hanging curtains, drops, scenery or
stage effects other than lighting. A temporary
platform is one installed for not more than 30
days.
Stage: A stage is a partially enclosed portion of a
building which is designed or used for the
presentation of plays, demonstrations or other
entertainment. A stage shall be further classified
as either a legitimate stage, regular stage or thrust
stage.
Stage, legitimate: A stage wherein curtains,
drops, leg drops, scenery, lighting devices or other
stage effects are retractable horizontally or
suspended overhead.
Stage, regular: A stage wherein curtains, fixed
leg drops, valances, scenery and other stage
effects are hung and are not retractable.
Stage, thrust: A platform extending beyond the
proscenium arch and into the audience.
412.3 Stages: Stage construction shall comply with
780 CMR 412.3.1 through 412.3.9.
412.3.1 Stage floor construction: Openings
through all stage floors shall be equipped with
tight-fitting, solid wood trap doors not less than
two inches in nominal thickness with approved
safety locks or other materials of equal physical
and fire endurance properties.
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
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82 780 CMR - Sixth Edition 1/19/01
412.3.1.1 Legitimate stages: Legitimate stages
shall be constructed of materials as required for
floors for the type of construction, but not less
than Type 1B construction except that the
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11/27/98 780 CMR - Sixth Edition 83
portion of the legitimate stage extending back
from and six feet (1829 mm) beyond the full
width of the proscenium opening on each side
shall be permitted to be constructed of
noncombustible or heavy timber construction
covered with a wood floor of not less than two
inches nominal in thickness. Except for the
finished floor, combustible construction shall
not extend beyond the plane of the proscenium
opening.
412.3.1.2 Regular and thrust stages: Regular
stages and thrust stages shall be constructed of
materials as required for floors for the type of
construction of the building in which such
stages are located.
412.3.2 Stage rigging loft: The rigging loft, also
referred to as the loft or fly, is the space over the
stage where scenery and equipment is out of view.
The fly gallery is the narrow raised platform at
the side of the legitimate stage from which the
lines for flying scenery are manipulated. The
gridiron is the arrangement of beams over a
legitimate stage supporting the machinery for
flying scenery and hanging battens from which
lighting is hung. The pin rail is the beam at one
side of a legitimate stage through which wooden
or metal pins are driven and to which lines from
the flies are fastened. The rigging loft, fly
galleries, gridiron and pin rails shall be
constructed of approved noncombustible
materials.
412.3.3 Footlights and stage electrical
equipment: Footlights and border lights shall be
installed in troughs constructed of approved
noncombustible materials. Ready access shall be
provided at all times to the switchboard. The
storage or placing of stage equipment against the
switchboard shall be prohibited.
412.3.4 Exterior stage doors: Where protection
of openings is required, exit discharge door
openings to the outer air shall be protected with
fire doors that comply with 780 CMR 716.0. All
exterior openings which are located on the stage
for means of egress or loading and unloading
purposes, and which are likely to be open during
occupancy of the theater, shall be constructed
with vestibules to prevent air drafts into the
auditorium.
412.3.5 Proscenium wall: Legitimate stages shall
be completely separated from the seating area by
a proscenium wall with not less than a two-hour
fireresistance rating extending continuously from
the foundation to the roof. There shall not be
other openings in the wall separating a legitimate
stage from the auditorium except: the main
proscenium opening; two doorways at the stage
level, one on each side thereof; and one doorway
to the musician's pit from the space below the
stage floor. Each such doorway shall not exceed
45 square feet (4.19 m2) in area and shall be
protected with fire doors that comply with
780 CMR 716.0.
412.3.5.1 Trim, finish and decorative
hangings: All moldings and decorations
around the proscenium opening shall be
constructed entirely of approved
noncombustible material.
412.3.6 Proscenium curtain: The proscenium
opening of every legitimate stage shall be provided
with a curtain of approved material designed and
installed to intercept hot gases, flames and smoke,
and to prevent a glow from a severe fire on the stage
from showing on the auditorium side for a period of
30 minutes. The closing of the curtain from the full
open position shall be effected in less than 30
seconds, but the last eight feet of travel shall require
not less than five seconds.
412.3.6.1 Activation: The curtain shall be
activated by rate-of-rise heat detection
operating at a rate of temperature rise of 15 to
20°F per minute (8° to 11°C per minute); and
by an auxiliary manual control.
412.3.6.2 Fire test: A sample curtain with a
minimum of two vertical seams shall be
subjected to the standard fire test specified in
ASTM El19 listed in Appendix A for a period
of 30 minutes. The curtain shall overlap the
furnace edges by an amount that is appropriate
to seal the top and sides. The curtain shall
have a bottom pocket containing a minimum of
four lbs. per linear foot (6 kg/m) of batten. The
exposed surface of the curtain shall not glow,
and flame or smoke shall not penetrate the
curtain during the test period. Unexposed
surface temperature and hose stream test
requirements are not applicable to the
proscenium fire safety curtain test.
412.3.6.3 Smoke test: Curtain fabrics shall
have a smoke-developed rating of 25 or less
when tested in accordance with ASTM E84
listed in Appendix A.
412.3.6.4 Tests: The completed proscenium
curtain shall be subjected to operating tests
prior to the issuance of a certificate of
occupancy.
412.3.7 Scenery: All combustible materials used
in sets and scenery shall be rendered flame-
resistant to comply with 780 CMR 8.
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THE MASSACHUSETTS STATE BUILDING CODE
84 780 CMR - Sixth Edition 1/19/01
412.3.8 Stage ventilation: Emergency ventilation
shall be provided for stages larger than 1,000
square feet (93 m2) in floor area, or with a stage
height greater than 50 feet (15240 mm). Such
ventilation shall comply with 780 CMR 412.3.8.1
or 412.3.8.2
412.3.8.1 Roof vents: Two or more vents
constructed to open automatically by approved
heat-activated devices and with and aggregate
clear opening area of not less than 5% of the
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11/27/98 780 CMR - Sixth Edition 85
area of the stage shall be located near the center
and above the highest part of the stage area,
except as otherwise provided for in 780 CMR
412.3.9. Supplemental means shall be provided
for manual operation of the ventilator. Curbs
shall be provided as required for skylights in
780 CMR 2608.2.
412.3.8.2 Smoke control: Smoke control in
accordance with 780 CMR 921.0 shall be
provided to maintain the smoke layer interface
not less than six feet (1829 mm) above the
highest level of the assembly seating or above
the top of the proscenium opening where a
proscenium wall is required by 780 CMR
412.3.5.
412.3.9 Superimposed theaters: Additions or
extensions shall not be erected over the stage
section of a theater, nor shall a second theater be
erected above another. Where approved, the
prohibition against superimposed theaters and
construction above the stage shall not apply
where approved access is provided for fire
fighting with direct means of ventilation to the
outer air from the stage portion.
412.4 Platforms: Platform construction shall
comply with 780 CMR 412.4.1 and 412.4.2.
412.4.1 Materials: In buildings required to be of
Type 1 or Type 2 construction where the
platforms are not more than 30 inches (762 mm)
above the main floor level, the minimum type of
construction for a permanent platform shall be
Type 2C. For all types of construction where the
platforms are not more than 30 inches (762 mm)
above the main floor level, not larger in area than
10% of the room floor area and not more than 200
square feet (19 m2) in area, the minimum type of
construction for a permanent platform shall be
Type 5B. For all types of construction where the
platforms are not more than 30 inches (762 mm)
above the main floor level, not larger than _ of the
room floor area and not more than 3,000 square
feet (279 m2) in area, the minimum type of
construction for a permanent platform shall be
Type 4 or the platform shall be constructed of
fireretardant-treated wood. All other permanent
platforms shall be constructed of approved
materials as required for floors for the required
type of construction of the building in which it is
located. Temporary platforms shall be
constructed of any approved material.
412.4.2 Space beneath: The space between the
floor and a temporary platform above shall not be
utilized for any purpose other than electrical
wiring to platform equipment. Where the space
between the floor and a permanent platform above
is utilized for any purpose other than electrical
wiring or plumbing, the platform shall provide a
one-hour fireresistance rating.
412.5 Dressing and appurtenant rooms: Dressing
and appurtenant rooms shall comply with 780 CMR
412.5.1 through 412.5.3.
412.5.1 Construction: Dressing rooms, scene
docks, property rooms, workshops, storerooms
and all compartments appurtenant to the stage
shall be separated from each other and from the
stage and all other parts of the building by fire
separation assemblies with not less than a one-
hour fireresistance rating with approved opening
protectives. Such rooms shall not be placed
immediately over or under the operating stage
area.
Exception: Separation from the stage is not
required for stages having a floor area of 500
square feet (46.5 m2) or less.
412.5.2 Opening protectives: Openings other
than to trunk rooms and the necessary doorways
at stage level shall not connect such rooms with
the stage, and such openings shall be protected
with fire doors that comply with 780 CMR 716.0.
412.5.3 Dressing room and stage exits: Each tier
of dressing rooms shall be provided with at least
two means of egress. Means of egress stairways
from dressing and storage rooms are not required
to be enclosed where located in the stage area
behind the proscenium wall. At least one
approved means of egress shall be provided from
each side of the stage; from each side of the space
under the stage; from each fly gallery; and from
the gridiron. A steel ladder shall be provided
from the gridiron to a scuttle in the stage roof.
412.6 Automatic sprinkler system: Stages and
enclosed platforms shall be equipped with an
automatic sprinkler system in accordance with
780 CMR 412.0 and 780 CMR 906.0 or 780 CMR
907.0. The system shall be installed: under the roof
and gridiron, in the tie and fly galleries and in all
places behind the proscenium wall of the stage; over
and within enclosed platforms in excess of 500
square feet (46.5 m2) in area; and in dressing rooms,
lounges, workshops and storerooms accessory to
such stages or enclosed platforms.
Exceptions:
1. Stages or enclosed platforms open to the
auditorium room on three or more sides.
2. Altars, pulpits or similar platforms and
accessory rooms.
3. Stage gridirons where sidewall sprinklers with
135°F (57°C) rated heads with heat-baffle plates
are installed around the perimeter of the stage
except for the proscenium opening at points not
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THE MASSACHUSETTS STATE BUILDING CODE
86 780 CMR - Sixth Edition 1/19/01
more than 30 inches (762 mm) below the gridiron
nor more than six inches (152 mm) below the
baffle plate.
4. Under stage or enclosed platform areas less
than four feet (1219 mm) in clear height utilized
for storage, the stage and supporting structures
shall be of one-hour fireresistance rated
construction.
412.7 Standpipes: A wet standpipe system in
accordance with 780 CMR 914.0 shall be provided
and equipped with 1½-inch hose connections on
each side of the stage.
Exception: Where the building or area is
equipped throughout with an automatic sprinkler
system, the hose connections that are supplied
from the automatic sprinkler system shall have a
water supply of not less than that required by
NFiPA 13 listed in Appendix A.
412.7.1 Hose and cabinet: The hose connections
shall be equipped with sufficient lengths of 1½ -
inch hose to provide fire protection for the stage
area; such connections shall be equipped with an
approved adjustable fog nozzle and be mounted in
a cabinet or a rack.
780 CMR 413.0 SPECIAL AMUSEMENT
BUILDINGS
413.1 General: Special amusement buildings shall
comply with the requirements for buildings of the
appropriate assembly use group in addition to the
requirements of 780 CMR 413.0.
Exception: Buildings or portions thereof that are
essentially open to the outside air, such as
buildings without walls or without a roof and
arranged to prevent the accumulation of smoke in
the building or structure are not required to
comply with 780 CMR 413.0.
413.2 Special amusement building: A special
amusement building is any temporary, permanent or
mobile building or portion thereof which is occupied
for amusement, entertainment or educational
purposes and which contains a device or system
which conveys passengers or provides a walkway
along, around or over a course in any direction so
arranged that the means of egress path is not readily
apparent due to visual or audio distractions or is
intentionally confounded or is not readily available
due to the nature of the attraction or mode of
conveyance through the building or structure.
413.3 Fire detection: All special amusement
buildings shall be equipped with an automatic fire
detection system in accordance with 780 CMR
918.0.
Exception: In areas where the ambient conditions
will cause a smoke detector to activate, an
approved alternative type of automatic detector
shall be installed.
413.4 Automatic sprinklers: All special amusement
buildings shall be equipped throughout with an
automatic sprinkler system in accordance with
780 CMR 906.0. Where the special amusement
building is temporary or mobile, the sprinkler water
supply shall be of an approved temporary means.
Exception: An automatic sprinkler system is not
required where the total floor area of a temporary
special amusement building is less than 1,000
square feet (93 m2) and the travel distance from
any point to an exit is less than 50 feet (15240
mm).
413.5 System response: The activation of the
automatic fire detection system within a single
protected area or the automatic sprinkler system
shall automatically:
1. Cause illumination of the means of egress
with light of not less than one footcandle (10.76
lux) at the walking surface level;
2. Stop any conflicting or confusing sounds and
visual distractions; and
3. Activate an approved directional exit marking
that will become apparent in an emergency.
413.5.1 Alarm: Activation of any single smoke
detector, the automatic sprinkler system or any
other automatic fire detection device shall
immediately sound an alarm at the building at a
constantly attended location from which
emergency action can be initiated including the
capability of manual initiation of requirements in
780 CMR 413.5.
413.5.2 Public address system: A public address
system, which is also permitted to serve as an
alarm system, shall be provided and shall be
audible throughout the entire special amusement
building.
413.5.3 Exit marking: "Exit" signs shall be
installed at required exit doorways. Approved
directional exit markings shall also be provided
and shall include signs as required by 780 CMR
1023.0. Where mirrors, mazes or other designs
are used that confound the means of egress paths,
approved low-level "exit" signs and directional
path markings shall be provided and located not
more than eight inches (203 mm) above the
walking surface and on or near the means of
egress path. Such markings shall become visible
when activated in accordance with 780 CMR
413.5, item 3.
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413.6 Interior finish: The interior finish shall be
Class I in accordance with 780 CMR 803.2.
413.7 Required inspections. Buildings or portions
thereof, classified as special amusement buildings
shall be inspected on an annual basis to ensure
compliance with the applicable portions of
780 CMR.
780 CMR 414.0 AIRPORT TRAFFIC
CONTROL TOWERS
414.1 General: The provisions of 780 CMR 414.0
shall apply to airport traffic control towers not
exceeding 1,500 square feet per floor occupied only
for air traffic control, electrical and mechanical
equipment rooms, radar and electronics rooms,
office spaces incidental to tower operation and
lounges for employees, including restrooms.
414.2 Type of construction: Air traffic control
towers shall be constructed to conform to the height
and area limitations of Table 414.2.
Table 414.2
HEIGHT AND AREA LIMITATIONS FOR
AIRPORT TRAFFIC CONTROL TOWERS
Type of
construction
Heighta,b
Maximum area
(square feet)b 1A, 1B Unlimited 1,500
2A
2B
240 feet
100 feet
1,500
1,500
2C
85 feet
1,500
Note a. Height to be measured from grade to cab
floor.
Note b. 1 foot - 304.8 mm; 1 square food =
0.093m2.
414.3 Egress: A minimum of one exit stairway shall
be permitted for airport traffic control towers of any
height provided that the occupant load per floor does
not exceed 15. The stairway shall conform to the
requirements of 780 CMR 1014.0 and 1015.0. The
stairway shall be separated from elevators by a
minimum distance of ½ of the diagonal of the area
served.
Exception: Smokeproof enclosures as set forth in
780 CMR 1015.0 are not required where required
stairways are pressurized to a minimum of 0.15
inch of water column (37.33 P) and a maximum of
0.35 inch of water column (87.10 P) in the shaft
relative to the building with all stairway doors
closed.
414.4 Automatic fire detection systems: Airport
traffic control towers shall be provided with an
automatic fire detection system installed in
accordance with 780 CMR 918.0.
414.5 Standby power: A standby power system that
conforms to 780 CMR 403.9 and 527 CMR 12.00 as
listed in Appendix A shall be provided in airport
traffic control towers more than 65 feet (19812 mm)
in height. Power shall be provided to mechanical
equipment servicing smokeproof enclosures and
stairway pressurization systems, means of egress
lighting, elevator operational equipment and the
automatic fire detection system.
780 CMR 415.0 OUTDOOR PROCESSING
FACILITIES
415.1 Industry standards: Outdoor processing fa-
cilities such as chemical plants, refineries and grain
elevators shall be constructed in accordance with the
accepted engineering practice of the specific
industry and the fire prevention code listed in
Appendix A, subject to the approval of the the
building code enforcement official and the fire
prevention officer.
780 CMR 416.0 HPM FACILITIES
416.1 Scope: The provisions of 780 CMR 416.0
shall apply to buildings and structures using
hazardous production materials (HPM), such as in
semiconductor fabrication facilities and areas of
comparable research and development. Except as
specifically required by 780 CMR 416.0, such
buildings shall comply with the applicable
requirements of 780 CMR. The specific code
provisions of 780 CMR 307.0, 506.3 and Table
1009.2 applicable to high-hazard use groups shall
not apply unless stated herein.
416.2 Definitions: The following words and terms
shall, for the purposes of 780 CMR 416.0 and as
used elsewhere in 780 CMR, have the meanings
shown herein.
Emergency control station: An approved location on
the premises where signals from emergency
equipment are received and which is staffed by
trained personnel.
Fabrication area: A fabrication area is one in which
there are processes involving hazardous
production materials (HPM), and includes
ancillary rooms or areas, such as dressing rooms
and offices, which are supplemental to the area
processes.
Hazardous production material (HPM): A solid,
liquid or gas that has a degree of hazard rating in
health, flammability or reactivity of Class 3 or 4
as ranked by NFiPA 704 listed in Appendix A and
which is used directly in research, laboratory or
production processes which have as their end
product, materials which are not hazardous.
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
88 780 CMR - Sixth Edition 1/19/01
Service passage, HPM: A passage in which
hazardous production materials (HPM) are
transported from a separate inside HPM storage
room or the exterior of the building to the
perimeter wall of the fabrication area, for
purposes other than required means of egress.
Storage room, HPM, separate inside: A room in
which hazardous production materials (HPM) are
stored in containers, tanks, drums or other means,
and which is separated from other occupancies.
Such rooms include:
HPM cutoff room: An HPM storage room within
a building and having at least one exterior wall.
HPM inside room: An HPM storage room totally
enclosed within a building and not having exterior
walls.
416.3 Allowable heights, stories and area: The
allowable height, number of stories and basic areas
permitted for HPM buildings and structures shall not
exceed the limitations specified in Table 416.3. The
provisions of 780 CMR 507.0 shall not apply. The
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
SPECIAL USE AND OCCUPANCY
11/27/98 780 CMR - Sixth Edition 89
area limitations are for one- or two-story buildings
facing on a street or public space not less than 30
feet (9144 mm) wide. The increases permitted in
780 CMR 506.2 and 506.3 shall apply.
Table 416.3
HEIGHT, NUMBER OF STORIES AND
AREA LIMITATIONS FOR HPM USE
FACILITIES
Type of
construction
Number of
stories
Height (feet)a
Area (square
feet/floor)a
1A and 1B
2A
2B
3
3
3
55
55
55
Unlimited
34,200
22,500
2C
3A
3B
3
3
3
40
50
40
14,400
19,800
14,400
4
5A
5B
3
3
2
55
40
30
21,600
15,300
7,200
Note a. 1 foot = 304.8 mm; 1 square foot = 0.093
m2
416.4 Fire suppression: HPM facilities shall be
equipped throughout with an automatic sprinkler
system in accordance with 780 CMR 9. The design
for the fabrication areas, service passages, separate
inside HPM storage rooms without dispensing, and
means of egress corridors shall meet the
requirements for Ordinary Hazard Group 2 in
NFiPA 13 listed in Appendix A. The design for
separate inside HPM storage rooms with dispensing
shall meet the requirements for Extra Hazard Group
2 in NFiPA 13 listed in Appendix A.
416.5 Amount of HPM in a fabrication area: The
total amount of HPM permitted in a single
fabrication area shall be based on the densities in
Table 416.5(2), or the quantities in Table 416.5(1),
whichever is the larger amount.
Table 416.5(1)
PERMITTED AMOUNTS OF HPM IN A
SINGLE FABRICATION AREA-
QUANTITY BASIS
Material
Maximum quantitya
Flammable liquids
Class I-A
Class I-B
Class I-C
90 gallons
180 gallons
270 gallons
Combination flammable liquids
containing not more than the exempt
amounts of Class I-A, I-B or I-C
flammable liquids
360 gallons
Combustible liquids
Class II
Class III-A
360 gallons
750 gallons
Flammable gases
9,000 cubic feet at
one atmosphere of
pressure at 70°F
Liquefied flammable gases
Flammable solids
Corrosive liquids
180 gallons
1,500 pounds
165 gallons
Oxidizing material - gases
Oxidizing material - liquids
Oxidizing material - solids
18,000 cubic feet
150 gallons
1,500 pounds
Organic peroxides
Highly toxic material and poisonous gas
30 pounds
Included in the
aggregate for
flammables as noted
above
Note a. 1 gallon - 0.00379 m3; 1 cubic foot = 0.028
m3; 1 pound = 0.454 kg; degrees C = {(degrees F)-
32}/1.8.
Table 416.5(2)
PERMITTED AMOUNTS OF HPM IN A
SINGLE FABRICATION AREA—DENSITY
BASIS a, c
State
Unitsd
Flam-
mable
Oxi-
dizer
Cor-
rosive
Solid
Liqui
d
Gas
Pounds per aquare foot
Gallons per square foot
Cubic feet per square foot
0.001
0.04b
1.250
0.003
0.03
1.250
0.003
0.08
3.000
Note a. HPM within piping shall not be included in
the calculated quantities.
Note b. The maximum permitted quantities of
flammable and combustible liquids shall not exceed
the following quantities:
Class (I-A) + (I-B) + (I - C) (combination
flammable liquids) = .025
However Class I-A shall not exceed = .0025
Class II = .01
Class III-A = .02
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THE MASSACHUSETTS STATE BUILDING CODE
90 780 CMR - Sixth Edition 1/19/01
Note c. Highly toxic materials and poisonous
gases shall be limited by the maximum quantities
specified in Table 416.5(1).
Note d. One pound per square foot = 4.882
kg/m2; 1 gallon per square foot = 0.0407 m3/m2; 1
cubic foot per square foot = 0.301 m3/m2.
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
SPECIAL USE AND OCCUPANCY
11/27/98 780 CMR - Sixth Edition 91
416.6 Egress: There shall not be less than two
means of egress provided for any fabrication area or
any HPM facility subdivision thereof larger than 200
square feet (18.62 m2). The maximum length of exit
access travel in HPM facilities shall be 100 feet
(30480 mm).
4l6.7 Separation: Fabrication areas shall be
separated from each other, from means of egress
corridors, and from other parts of the building by
not less than one-hour fire separation assemblies in
compliance with 780 CMR 709.0, with fire doors
complying with 780 CMR 716.0. Floors forming
part of the required separation shall be liquid tight.
416.8 Floors: Floors within fabrication areas shall
be of approved noncombustible construction.
Unprotected openings through floors of fabrication
areas are permitted where the interconnected levels
are used solely for mechanical equipment directly
related to such fabrication areas.
Mechanical, duct and piping penetrations within a
fabrication area shall not extend through more than
two floors. Penetrations shall be effectively
firestopped in accordance with 780 CMR 720.6.4 at
the floor level. The fabrication area, including the
areas through which ductwork and piping extend,
shall be considered a single conditioned space or fire
area.
416.9 Ventilation, general: Ventilation systems
shall comply with the mechanical code listed in
Appendix A except as otherwise provided herein.
Ventilation, including recalculated air, shall be
provided throughout the fabrication area at the rate
of not less than 1cfm per square foot (5074
cm3/s/m2) of floor area.
416.9.1 Interconnection: The exhaust system of
one fabrication area shall not connect to another
exhaust system outside that fabrication area
within the building. The return air system from
one fabrication area shall not connect to any
other system.
416.9.2 Smoke detectors: Smoke detectors shall
be installed in the recirculating air stream and
shall initiate a signal at the emergency control
station.
416.9.3 Shutoff switches: Automatic shutoffs are
not required to be installed on air-moving
equipment. A manually operated remote switch
to shut off the fabrication area supply or the
recirculation air system, or both, shall be provided
at an approved location outside the fabrication
area.
416.9.4 Gas detection: Where HPM gas is used
or dispensed and the physiological warning
properties for the gas are at a higher level than the
accepted permissible exposure limitation for the
gas, a continuous gas-monitoring system shall be
provided to detect the presence of a short-term
hazard condition. Where dispensing occurs and
flammable gases or vapors are liberated in
quantities exceeding 20% of the lower explosive
limitation, a continuous gas-monitoring system
shall be provided. The monitoring system shall be
connected to the emergency control station.
416.10 Transporting HPM: HPM shall be
transported to fabrication areas through enclosed
piping or tubing systems which comply with
780 CMR 416.15, through service passages, or in
means of egress corridors as permitted in the
exception to 780 CMR 416.12.
416.11 Electrical: Electrical equipment and devices
within the fabrication area shall comply with
527 CMR listed in Appendix A. The requirements
for hazardous locations are not required to be
applied where the average rate of air change is at
least four cfm per square foot (20300 cm3/s/m2) of
floor area and where the rate of air change at any
location is not less than three cfm per square foot
(15200 cm3/s/m2).
416.12 Means of egress corridors: Means of egress
corridors shall comply with 780 CMR 1011.4 and
shall be separated from fabrication areas as
specified in 780 CMR 416.7. Means of egress
corridors shall not be used for transporting HPM
except as provided for in 780 CMR 416.12.1 and
416.15.2.
416.12.1 Existing facilities: In existing HPM
facilities, when there are alterations or
modifications to existing fabrication areas, the
transportation of HPM in means of egress
corridors shall be permitted provided that all of
the requirements of 780 CMR 416.12.1.1 and
416.12.1.2 are met.
416.12.1.1 Corridors: Corridors adjacent to
the fabrication area under alteration shall
comply with Table 602, item 4, for a length
determined as follows:
1. The length of the common wall of the
corridor and that fabrication area; and
2. For the distance along the corridor to
the point of entry of HPM into the corridor
serving that fabrication area.
416.12.1.2 Openings: There shall not be
openings between the corridor and an HPM
storage cabinet in a fabrication area other than
those in compliance with all of the following:
1. one-hour fire doors are installed
between the corridor and the cabinet;
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2. The cabinet is separated from the
corridor with a one-hour fireresistance rated
fire partition; and
3. Automatic sprinklers shall be provided
inside the cabinets
416.13 Service passages: Service passages shall be
considered as HPM facilities. Service passages shall
be separated from means of egress corridors as
required by 780 CMR 416.7.
416.13.1 Ventilation: Service passages shall be
ventilated as required by 780 CMR 416.9.
416.13.2 Egress: There shall not be less than two
means of egress from a service passage. Not
more than one-half of the required means of
egress shall be into the fabrication area. Doors
from service passages shall be self-closing and
swing in the direction of means of egress travel.
416.13.3 Travel distance: The maximum distance
of travel from any point in a service passage to an
exit or door into a fabrication area shall not
exceed 75 feet (22860 mm). Dead ends shall not
exceed four feet (1219 mm) in length.
416.13.4 Alarms: Alarms shall be provided for in
accordance with 780 CMR 416.14.5.
416.14 Storage of HPM, general: Rooms used for
the storage of HPM in quantities greater than those
set forth in Tables 307.8(1) and 307.8(2), except for
those quantities permitted within a fabrication area,
shall comply with the provisions of NFiPA 30 listed
in Appendix A, provided that the area of an HPM
cutoff room shall not exceed 6,000 square feet (558
m2). The storage area for any liquid HPM shall be
provided with drains.
416.14.1 Location within building: Where HPM
cutoff rooms are provided, such rooms shall not
be less than 30 feet (9144 mm) from lot lines.
416.14.2 HPM drainage systems: Drainage
systems shall be provided to direct liquid leakage
and fire protection water to a safe location away
from the building, important valves or adjoining
property. HPM flammable liquid drains shall be
separated from other HPM liquid drains Other
HPM liquids in drains that are not compatible
shall be separated from each other, provided that
the liquids are permitted to be combined when
such liquids have been rendered acceptable for
discharge by an approved means into the public
sewers.
416.14.3 Egress: There shall be two means of
egress from a separate inside HPM storage room
where the room exceeds 200 square feet (186 m2)
in area. Where two means of egress are required
from HPM cutoff rooms, one shall be directly to
the outside of the building. All storage room
means of egress doors shall be self-closing and
swing in the direction of means of egress travel
416.14.4 Ventilation: Exhaust ventilation shall be
provided for in accordance with 780 CMR 416.9
for all categories of HPM.
416.14.5 Emergency alarm: An emergency
telephone system or local fire protective signaling
system station shall be installed outside of each
interior egress door from HPM cutoff rooms. The
signal shall be relayed to the emergency control
station and a local signaling device provided.
416.14.6 Electrical: HPM cutoff rooms
containing flammable liquids or gases shall be
classified as Class I, Division 1, hazardous
locations in accordance with 527 CMR listed in
Appendix A.
416.14.7 Gas detection: Gas detection shall be
provided for in accordance with 780 CMR
416.9.4.
416.15 Piping and tubing: HPM piping and tubing
shall comply with 780 CMR 416.15 and shall be
installed in accordance with ASME B31.3 listed in
Appendix A.
416.15.1 General: Piping and tubing systems
shall be metallic unless the material being
transported is incompatible with such system.
Systems supplying gaseous HPM, having a health
hazard of 3 or 4 as ranked by NFiPA 704 listed in
Appendix A, shall be welded throughout, except
for connections, valves and fittings which are
within an exhausted enclosure. HPM supply
piping or tubing in service passages shall be
exposed to view.
416.15.2 Installation in egress corridors or
above other use groups: HPM shall not be
located within means of egress corridors or above
areas not containing HPM facilities except as
permitted by 780 CMR 416.15. HPM piping and
tubing shall be permitted within the space defined
by the walls of means of egress corridors and the
floor or roof above, or in concealed spaces above
other use groups under the following conditions:
1. Automatic sprinklers shall be installed
within the space unless the space is less than
six inches (152 mm) in least dimension.
2. Ventilation at not less than six air changes
per hour shall be provided. The space shall not
be used to convey air from any other area.
3. All HPM supply piping and tubing and
HPM non-metallic waste lines shall be
separated from the means of egress corridor
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and from any use group other than an HPM use
facility by a fire separation assembly having a
fireresistance rating of not less than one hour.
Where gypsum wallboard is used, joints on the
piping side of the enclosure are not required to
be taped, provided that the joints occur over
framing members.
4. Where piping or tubing is used to transport
HPM liquids, a receptor shall be installed
below such piping or tubing. The receptor
shall be designed to collect and drain any
discharge or leakage to an approved location.
The one-hour enclosure required by 780 CMR
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416.15.2, item 3 shall not be used as part of the
receptor.
5. Manual or automatic remotely activated
fail-safe emergency shutoff valves, with ready
access thereto, shall be installed on piping and
tubing, other than waste lines, at branch
connections into the fabrication area, and at
entries into means of egress corridors.
6. Where HPM supply gas is carried in
pressurized piping, a fail-safe system for
excess flow control shall shut off flow due to a
rupture in the piping.
7 Electrical wiring and equipment located in
the piping space shall be approved for Class I,
Division 2, hazardous locations in accordance
with 527 CMR listed in Appendix A.
8. Gas detection shall be as provided for in
780 CMR 416.9.4
Exception: Conditions 1 through 8 shall not
apply to transverse crossings of the
corridors by supply piping that is coaxially
enclosed within a ferrous pipe or tube for
the width of the corridor. An enclosing
pipe or tube open to an HPM use facility is
permitted.
416.15.3 Identification: Piping, tubing and HPM
waste lines shall be identified in accordance with
ASME A13.1 listed in Appendix A.
780 CMR 417.0 HAZARDOUS MATERIALS
(See also 780 CMR 426.0 for the design and con-
struction of Bulk Merchandising Retail Buildings.)
417.1 General: The provisions of 780 CMR 417.0
shall apply to all buildings and structures occupied
for the manufacturing, processing, dispensing, use or
storage of hazardous materials. All buildings and
structures with an occupancy in Use Group H shall
also comply with the applicable provisions of
780 CMR 418.0 and the fire prevention code listed
in Appendix A.
Note: The safe design of hazardous material
occupancies is material dependent. Individual
material requirements are also found in 780 CMR
307.0 and 418.0, and in the mechanical and fire
prevention codes listed in Appendix A. Since the
fire department is responsible for inspection of
these occupancies for proper utilization and
handling of hazardous materials, the
administrative authority shall cooperate with the
fire department in the discharge of the
responsibility to enforce 780 CMR 417.0
417.2 Control areas/exempt amounts: Control
areas shall be those spaces within a building where
quantities of hazardous materials not exceeding the
allowable exempt amounts are stored, dispensed,
utilized or handled. Control areas shall be separated
from all adjacent interior spaces by fire separation
assemblies in accordance with 780 CMR 709.0. The
number of permitted control areas and degree of fire
separation shall be in accordance with Table 417.2.
The floor construction and supporting structure for
all floors within the control area shall require a
minimum two-hour fireresistance rating.
Table 417.2
PERMITTED CONTROL AREASa, b
Floor level
Percent of
allowable
exempt
quantities per
control area
Control areas
per floor
Vertical fire
separation
walls (hours)
1
2
3
100
75
50
4
3
2
1
1
1
4
5
6
12.5
12.5
12.5
2
2
2
2
2
2 7-9
Higher than 9
5
5
2
1
2
2
Note a. The number of floor levels below grade
shall not exceed two. The first floor level before
grade shall be limited to 75% of the maximum
allowable exempt quantity per control area with a
maximum of three control areas. The second floor
level below grade shall be limited to 50% of the
maximum allowable exempt quantity per control
area with a maximum of two control areas.
Note b. In mercantile occupancies, a maximum
of two control areas per floor shall be permitted in
retail sales rooms.
417.2.1 Hazardous material in mercantile
display areas: Except as modified by 780 CMR
426, the aggregate quantity of nonflammable solid
and nonflammable or noncombustible liquid
hazardous materials permitted within a single
control area of a retail sales occupancy is
permitted to exceed the exempt amounts specified
in Tables 307.8(1) and 307.8(2) without
classifying the building as a high-hazard use
group, provided that the materials are stored in
accordance with the fire prevention code listed in
Appendix A.
417.3 Equipment rooms: Heating and ventilating
equipment in occupancies involving fire hazards
from flammable vapors, dusts, combustible fibers or
other highly combustible substances shall be
installed and protected against fire and explosion
hazards in accordance with the mechanical code and
the fire prevention code listed in Appendix A.
417.4 Hazardous material systems: Systems
involving hazardous materials shall be suitable for
the intended application and shall be designed by
persons competent in such design. Controls shall be
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designed to prevent materials from entering or
leaving process or reaction systems at other than the
intended time, rate or path. Automatic controls,
where provided, shall be designed to be fail safe.
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417.5 Inside storage, dispensing and utilization:
The inside storage, dispensing and utilization of
hazardous materials in excess of the allowable
exempt amounts of Tables 307.8(1) and 307.8(2)
shall be in accordance with 780 CMR 417.5.1
through 417.5.5 and the fire prevention code listed
in Appendix A.
417.5.1 Explosion control: Every structure, room
or space occupied for purposes involving
explosion hazards shall be provided with
explosion venting, explosion suppression systems,
barricades or equivalent explosion protective
devices in accordance with 780 CMR 417.0 and
NFiPA 495 listed in Appendix A where required
by 780 CMR 418.0 and the fire prevention code
listed in Appendix A.
Exception: Explosion venting shall not be
utilized as a means to protect buildings from
detonation hazards.
417.5.1.1 Explosion venting: Areas which are
provided with explosion venting to relieve
deflagration shall comply with the following:
l. Walls, ceilings and roofs exposing
surrounding areas shall be designed to resist
a minimum internal pressure of 100 pounds
per square foot (psf).
2. Explosion venting shall be permitted
only in exterior walls or roofs or through
specially designed shafts to the exterior of
the building.
3. Venting shall be designed to prevent
serious structural damage and the
production of lethal projectiles.
4. The aggregate clear vent relief area shall
be governed by the pressure resistance of
the nonrelieving portions of the building.
5. Vents shall be designed to relieve at a
maximum internal pressure of 20 pounds
per square foot (psf) and shall consist of any
one or any combination of the following:
5.1. Walls of lightweight material.
5.2. Lightly fastened hatch covers.
5.3. Lightly fastened, outward-opening
swinging doors in exterior walls.
5.4. Lightly fastened walls or roofs.
6. Venting devices shall discharge directly
to the open air or to an unoccupied space
not less than 50 feet in width on the same
lot.
7. Relieving devices shall be so located
that the discharge shall not be less than ten
feet vertically and 20 feet horizontally from
window openings or exits in the same or
adjoining buildings or structures.
8. Discharge shall be in the direction of
least exposure and not into the interior of
the building.
417.5.1.2 Explosion suppression systems:
Explosion suppression systems shall be of an
approved type and installed in accordance with
the provisions of 780 CMR and NFiPA 69
listed in Appendix A.
417.5.2 Monitor control equipment: Monitor
control equipment shall be provided where
required by the fire prevention code listed in
Appendix A.
417.5.3 Detection systems: All occupancies in
Use Group H shall be provided with an automatic
fire detection system in accordance with NFiPA
72 listed in Appendix A where required by the fire
prevention code listed in Appendix A. The
detection system shall be provided in the areas
where the high-hazard materials are utilized and
stored.
417.5.4 Standby power: Where mechanical
ventilation, treatment systems, temperature
control, alarm, detection or other electrically
operated systems are required, such systems shall
be connected to an emergency electrical system in
accordance with 527 CMR 12.00 as listed in
Appendix A or a standby power system in
accordance with 527 CMR 12.00 as listed in
Appendix A. Such systems shall be independent
of the public supply.
417.5.5 Spill control, drainage and
containment: Rooms, buildings or areas occupied
for the storage of solid and liquid hazardous
materials shall be provided with a means to
control spillage and to contain or drain off
spillage and fire protection water discharged in
the storage area where required in 780 CMR
418.0 and the fire prevention code listed in
Appendix A.
417.6 Outside storage, dispensing and utilization:
The outside storage, dispensing and utilization of
hazardous materials in excess of the exempt
amounts shall be in accordance with 780 CMR
417.6.1 through 417.6.6 and the fire prevention code
listed in Appendix A.
417.6.1 Location: In addition to the general
requirements of 780 CMR 417.6.2 through
417.6.5, the outside storage of hazardous
materials as listed in 780 CMR 307.0 shall be
separated from buildings and lot lines and into
individual areas as specified in the fire prevention
code listed in Appendix A.
417.6.2 Protection from vehicles: Guard posts or
other means shall be provided to protect outside
storage tanks from vehicular damage.
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417.6.3 Fire lanes and water supply: Fire lanes
and approved water supplies shall be provided for
outside storage areas as required by the code
official.
1. Fire lanes. Fire lanes shall be provided to
within 150 feet (45720 mm) of all portions of
an outside storage area. Such fire lanes shall
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comply with the provisions of the fire
prevention code listed in Appendix A.
2. Water supply. An approved water supply
shall be provided. Fire hydrants capable of
supplying the required fire flow shall be
provided to within l50 feet (45720 mm) of an
outside storage area. The water supply and fire
hydrants shall comply with the provisions of
NFiPA 24 and the fire prevention code listed in
Appendix A.
417.6.4 Weather protection: Where weather
protection is provided for sheltering outside
hazardous material storage areas, such storage
shall not be considered inside storage provided
that all of the following conditions are met:
1. Structure supports and walls shall not
obstruct more than one side of the perimeter of
the storage area.
2. The distance from the structure and the
structure supports to buildings, lot lines, public
ways or means of egress to a public way shall
not be less than the distance required for an
outside hazardous material storage area
without weather protection.
3. The overhead structure shall be of
approved noncombustible construction with a
maximum area of l,500 square feet (140 m2).
417.6.5 Security: Any site occupied for the
storage, utilization or handling of hazardous
materials shall be provided with a fence not less
than six feet (1829 mm) in height or otherwise
secured from public access.
417.6.6 Fire suppression system: Areas occupied
for the dispensing or utilization of flammable
hazardous materials which are located within 50
feet of either a storage area or building, and
vehicle-loading racks where flammable hazardous
materials are dispensed, shall be equipped with an
approved automatic fire suppression system.
Exception: Motor vehicle service stations as
defined in NFiPA 30A listed in Appendix A.
780 CMR 418.0 USE GROUPS H-1, H-2, H-3
AND H-4
418.1 Scope: The provisions of 780 CMR 418.0
shall apply to the storage and utilization of
hazardous materials in excess of the exempt
amounts listed in 780 CMR 307.8. All buildings and
structures with an occupancy in Use Group H shall
also comply with the applicable provisions of
780 CMR 417.0 and the fire prevention code listed
in Appendix A.
418.2 Use Group H-1: All occupancies in Use
Group H-l shall be constructed in accordance with
the provisions of 780 CMR 418.2.1 and 418.2.2 and
the fire prevention code listed in Appendix A.
418.2.1 Construction: Occupancies in Use Group
H-l shall not be located in buildings that are more
than one story in height, have basements or other
spaces below grade, or which are attached to other
buildings. The minimum fire separation distance
for all exterior walls of occupancies in Use Group
H-1 shall be in accordance with the fire
prevention code listed in Appendix A. All floor
surfaces shall be spark resistant.
418.2.2 Number of exits: There shall not be less
than two exits from any area or space wherein Use
Group H-l materials are utilized or stored. All
required exits shall discharge directly to the
exterior of the building or structure.
418.3 Use Group H-2: Occupancies in Use Group
H-2 shall be constructed in accordance with
780 CMR 418.3.1 through 418.3.4 and the fire
prevention code listed in Appendix A.
418.3.1 Combustible dusts, grain processing
and storage: The provisions of 780 CMR
418.3.1.1 through 418.3.1.6 shall apply to all
buildings in which materials that produce
combustible dusts are stored or handled.
Buildings which store or handle combustible dusts
shall comply with the applicable provisions of
NFiPA 61A, 61B, 61C, 61D, 65, 120, 651, 654,
655, 664 and 8503 and the fire prevention code
listed in Appendix A.
418.3.1.1 Type of construction and height
exceptions: All buildings shall be of Type l,
Type 2 or Type 4 construction, within the
height and area limitations of Table 503 for
Use Group H-2; except that where erected of
Type l or Type 2 construction, the heights and
areas of grain elevators and similar structures
shall be unlimited, and where of Type 4
construction, the maximum height shall be 65
feet (19812 mm) and except further that, in
isolated areas, the maximum height of Type 4
structures shall be increased to 85 feet (25908
mm).
418.3.1.2 Grinding rooms: Every room or
space occupied for grinding or other operations
that produce combustible dusts shall be
enclosed with floors and walls that have not
less than a two-hour fireresistance rating where
the area is not more than 3,000 square feet (279
m2), and not less than a four hour fireresistance
rating where the area is greater than 3.000
square feet (279 m2).
418.3.1.3 Conveyors: All conveyors, chutes,
piping and similar equipment passing through
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the enclosures of rooms or spaces shall be
constructed dirt tight and vapor tight, and be of
approved noncombustible materials complying
with 780 CMR 3010.0.
418.3.1.4 Explosion relief: Means for
explosion relief shall be provided as specified
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in 780 CMR 417.5.1, or spaces shall be
equipped with the equivalent mechanical
ventilation complying with the mechanical
code listed in Appendix A.
418.3.1.5 Grain elevators: Grain elevators,
malt houses and buildings for similar
occupancies shall not be located within 30 feet
(9144 mm) of interior lot lines or structures on
the same lot, except where erected along a
railroad right-of-way.
418.3.1.6 Coal pockets: Coal pockets located
less than 30 feet (9144 mm) from interior lot
lines or from structures on the same lot shall be
constructed of not less than Type 2A
construction. Where more than 30 feet (9144
mm) from interior lot lines, or where erected
along a railroad right-of-way, the minimum
type of construction of such structures not
more than 65 feet (19812 mm) in height shall
be Type 4.
418.3.2 Flammable and combustible liquids:
The storage, handling processing and transporting
of flammable and combustible liquids shall be in
accordance with the mechanical code and the fire
prevention code listed in Appendix A. Where a
Class I, II or IIIA flammable or combustible liquid
is stored in tanks inside the building, the
installation shall conform to 780 CMR 418.3.2.1
through 418.3.2.10 and NFiPA 30 listed in
Appendix A. The requirements shall only apply
where tanks have an individual storage capacity
that exceeds the exempt amounts specified in
Tables 307.8(1) and 307.8(2). The fire area
containing the tank(s) shall be classified as Use
Group H-2.
418.3.2.1 Mixed use groups: Where the
storage tank area is located in a building of two
or more use groups, the Use Group H-2 fire
area shall be completely separated from
adjacent fire areas in accordance with the
requirements of 780 CMR 313.1.2.
418.3.2.1.1 Height exception: Where
storage tanks are located within only a
single story, the height limitation of
780 CMR 503.3 shall not apply for the Use
Group H-2 fire area.
418.3.2.2 Tank protection: All storage tanks
shall be noncombustible and protected from
physical damage. A fire separation assembly
around the storage tank(s) shall be permitted to
be classified as the method of protection from
physical damage.
418.3.2.3 Tanks for Class I flammable
liquid: All storage tanks for Class I flammable
liquids shall be double-wall tanks. A double-
wall tank shall consist of an approved tank
conforming to the requirements of the
mechanical code listed in Appendix A,
installed within a completely enclosed
noncombustible containment structure. The
containment structure shall prevent the stored
liquid from escaping into the room or area in
which the tank is located. A leak detection
alarm shall be provided to identify a leak of the
primary wall of the tank. The alarm shall
conform to 780 CMR 418.3.2.6.
418.3.2.4 Suppression: The Use Group H-2
fire area shall be equipped throughout with an
approved automatic fire sprinkler system,
installed in accordance with 780 CMR 906.2.1,
or with a foam-extinguishing system. The
automatic fire suppression system shall be
supervised by method 1, 2 or 3 of 780 CMR
923.1.
418.3.2.5 Leakage containment: A liquid-
tight containment area compatible with the
stored liquid shall be provided to retain 110%
of the entire capacity of all the storage liquid in
the event of a leak in a tank plus the capacity
of the automatic fire suppression system
activated for a period of 30 minutes. The
storage tanks and the leakage containment area
shall be provided with an approved method to
drain manually the flammable or combustible
liquid.
Exception: Rooms where only double-wall
storage tanks conforming to 780 CMR
418.3.2.3 are used to store Class I, II and
IIIA. A flammable and combustible liquids
shall not be required to have a leakage
containment area.
418.3.2.6 Leakage alarm: An approved
automatic alarm shall be provided to indicate a
leak in a storage tank and room. The alarm
shall sound an audible signal, 15 dBa above the
ambient sound level, at every point of entry
into the room in which the leaking storage tank
is located. An approved sign shall be posted
on every entry door to the tank storage room
indicating the potential hazard of the interior
room environment, or the sign shall state,
"Warning, when alarm sounds, the
environment within the room may be
hazardous." The leakage alarm shall also be
supervised in accordance with 780 CMR 923.2
to transmit a trouble signal.
418.3.2.7 Tank vent: Storage tank vents shall
terminate to the outdoor air. The vent
termination shall be in an approved location a
minimum of 12 feet (3658 mm) above adjacent
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ground level and ten feet (3048 mm) from a lot
line, ventilation intake opening, openable
window or door.
418.3.2.8 Room ventilation: Storage tank
areas storing Class I liquids, or Class II or IIIA
liquids at temperatures above flash point, shall
be ventilated at a rate sufficient to maintain the
concentration of vapors within the area at or
below 25% of the lower explosive limit.
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Ventilation requirements shall be determined
by either calculations based on anticipated
fugitive emissions or by sampling of the actual
vapor concentration levels under normal
operating conditions. The sampling shall be
conducted at a five-foot radius from each
potential vapor source in the storage area.
Provision shall be made for make-up air to
avoid short-circuiting the ventilation.
418.3.2.9 Explosion venting: Where Class I
liquids are being stored, explosion venting
shall be provided in accordance with 780 CMR
417.5
418.3.2.10 Tank openings other than vents:
Tank openings other than vents from tanks
inside buildings shall be designed to ensure
that liquids or vapor concentrations are not
released inside the building and shall conform
to 780 CMR 418.3.2.10.1 through
418.3.2.10.5.
418.3.2.10.1 Liquid tight: All tank
openings at the maximum liquid level or
below shall be liquid tight.
418.3.2.10.2 Closed: All tank openings
above the maximum liquid level shall be
normally closed.
418.3.2.10.3 External valve: Each
connection through which liquid is capable
of gravity flow from a tank inside a building
shall be provided with an external valve
located as close as practical to, but not more
than two feet from, the shell of the tank.
418.3.2.10.4 Valves on transfer
connections: Tanks storing Class I or Class
II liquids shall be provided with either a
normally closed, remotely activated valve or
an automatic-closing, heat-activated valve
or other approved device on each liquid
transfer connection below the liquid level,
except for connections utilized for
emergency disposal.
418.3.2.10.5 Overflow protection: Tanks
shall be equipped with a device, or other
means provided, to prevent overflow into
the building.
418.3.3 Liquefied petroleum gas distribution
facilities: The design and construction of propane,
butane, propylene, butylene and other liquefied
petroleum gas distribution facilities shall conform
to the applicable provisions of 780 CMR
418.3.3.1 through 418.3.3.5.2. The storage and
handling of liquefied petroleum gas systems shall
conform to the fire prevention code listed in
Appendix A. The design and installation of
piping, equipment and systems which utilize
liquefied petroleum gas shall be in accordance
with the mechanical code listed in Appendix A.
Liquefied petroleum gas distribution facilities
shall be ventilated in accordance with the
mechanical code listed in Appendix A and
780 CMR 418.3.3.1.
418.3.3.1 Air movement: Liquefied petroleum
gas distribution facilities shall be provided
with air inlets and outlets arranged so that air
movement across the floor of the facility will
be uniform. The total area of both inlet and
outlet openings shall be at least one square inch
(0.00065 m2) for each one square foot (0.093
m2) of floor area. The bottom of such openings
shall not be more than six inches (152 mm)
above the floor.
418.3.3.2 Construction: Liquefied petroleum
gas distribution facilities shall be constructed
in accordance with 780 CMR 418.3.3.3 for
separate buildings, 780 CMR 418.3.3.4 for
attached buildings or 780 CMR 418.3.3.5 for
rooms within buildings.
418.3.3.3 Separate buildings: Where located
in separate buildings, liquefied petroleum gas
distribution facilities shall be occupied
exclusively for that purpose or for other
purposes having similar hazards. Such
buildings shall be limited to one story in height
and shall conform to 780 CMR 418.3.3.3.1 and
418.3.3.3.2.
418.3.3.3.1 Floors: The floor shall not be
located below ground level and any spaces
beneath the floor shall be solidly filled or
shall be left unenclosed.
418.3.3.3.2 Materials: Walls, floors,
ceilings, columns and roofs shall be
constructed of noncombustible materials.
Exterior walls, ceilings and roofs shall be
constructed of material designed for
explosion venting or, if of heavy
construction such as solid brick masonry,
concrete block or reinforced concrete,
explosion-venting windows or panels in
walls or roofs shall be provided having an
explosion-venting area of at least one square
foot (0.093 m) for each 50 cubic feet
(1.40 m) of enclosed volume.
418.3.3.4 Attached buildings: Where liquefied
petroleum gas distribution facilities are located
in an attached structure, the attached perimeter
shall not exceed 50% of the perimeter of the
space enclosed and the facility shall comply
with 780 CMR 418.3.3.3 and 418.3.3.4.1.
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
SPECIAL USE AND OCCUPANCY
11/27/98 780 CMR - Sixth Edition 103
Where the attached perimeter exceeds 50%,
such facilities shall comply with 780 CMR
418.3.3.5.
418.3.3.4.1 Fire separation assemblies:
Separation of the attached structures shall be
provided by fire separation assemblies
having a fireresistance rating of not less
than one hour and shall not have openings.
Fire separation assemblies between
attached structures occupied only for the
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
104 780 CMR - Sixth Edition 1/19/01
storage of LP-gas are permitted to have fire
doors that comply with 780 CMR 716.0.
Such fire separation assemblies shall be
designed to withstand a static pressure of at
least l00 pounds per square foot (psf) (488.2
kg/m2), except where the building to which
the structure is attached is occupied by
operations or processes having a similar
hazard.
418.3.3.5 Rooms within buildings: Where
liquefied petroleum gas distribution facilities
are located in rooms within buildings, such
rooms shall be located in the first story and
shall have at least one exterior wall with
sufficient exposed area to permit explosion
venting as provided for in 780 CMR
418.3.3.5.1. The building in which the room is
located shall not have a basement or
unventilated crawl space and the room shall
comply with 780 CMR 418.3.3.5.1 and
418.3.3.5.2.
418.3.3.5.1 Materials: Walls, floors,
ceilings and roofs of such rooms shall be
constructed of approved noncombustible
materials. Exterior walls and ceilings shall
be either of lightweight materials designed
for explosion venting or, if of heavy
construction such as solid brick masonry,
concrete block or reinforced concrete,
explosion-venting windows or panels in
walls or roofs shall be provided having an
explosion-venting area of at least one square
foot (0.093 m2) for each 50 cubic feet (l.40
m3) of enclosed volume.
418.3.3.5.2 Common construction: Walls
and floor/ceiling assemblies common to the
room and to the building within which the
room is located shall have a fireresistance
rating of not less than one hour and without
openings. Common walls for rooms
occupied only for storage of LP-gas are
permitted to have openings which shall be
equipped with ¾-hour approved opening
protectives complying with 780 CMR 716.0
or 718.0. Such walls and ceiling shall be
designed to withstand a static pressure of at
least l00 psf (488.2 kg/m). Where
approved, 780 CMR 418.3.3.5.2 shall not
apply where the building, within which the
room is located, is occupied by operations
or processes having a similar hazard.
418.3.4 Dry cleaning plants: The construction
and installation of dry cleaning plants shall be in
accordance with the requirements of 780 CMR,
the mechanical code, the plumbing code and
NFiPA 32 listed in Appendix A.
418.4 Use Group H-3: Occupancies in Use Group
H-3 shall be constructed in accordance with the
applicable provisions of 780 CMR and the fire
prevention code listed in Appendix A.
418.5 Use Group H-4: Occupancies in Use Group
H-4 shall be constructed in accordance with the
applicable provisions of 780 CMR and the fire
prevention code listed in Appendix A.
780 CMR 419.0 APPLICATION OF
FLAMMABLE FINISHES
419.1 General: The provisions of 780 CMR 419.0
shall apply to the construction, installation and use
of buildings and structures, or parts thereof, for the
spraying of flammable paints, varnishes and lacquers
or other flammable materials or mixtures or
compounds used for painting, varnishing, staining or
similar purposes. All such construction and
equipment shall comply with NFiPA 33 and 34
listed in Appendix A.
419.2 Spray spaces: All spray spaces shall be
ventilated with an exhaust system to prevent the
accumulation of flammable mist or vapors in
accordance with the mechanical code listed in
Appendix A. Where such spaces are not separately
enclosed, noncombustible spray curtains shall be
provided to restrict the spread of flammable vapors.
419.2.1 Spray booths: All spray booths shall be
constructed of approved noncombustible materials
and equipped with mechanical ventilating systems
in accordance with the mechanical code listed in
Appendix A.
419.2.2 Spray rooms: All spray rooms shall be
enclosed in fire separation assemblies with not
less than a one-hour fireresistance rating. Floors
shall be waterproofed and drained in an approved
manner.
419.2.3 Spray storage rooms: Rooms used for
the storage of spraying materials essential to the
flammable finish operation shall comply with
NFiPA 30 and the fire prevention code listed in
Appendix A.
419.3 Fire protection: An automatic fire
suppression system shall be provided in all spray,
dip and immersing spaces and storage rooms, and
shall be installed in accordance with 780 CMR 9.
780 CMR 420.0 MOBILE UNITS
420.1 For regulations pertaining to Mobile Units, see
780 CMR 35, and 780 CMR R3.
780 CMR 421.0 SWIMMING POOLS
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
SPECIAL USE AND OCCUPANCY
11/27/98 780 CMR - Sixth Edition 105
(Refer to M.G.L. c. 140, § 206 for further
requirements pertaining to public or semi-public,
outdoor, inground swimming pool enclosures,
safety equipment, inspection, and penalties for
violations.)
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
106 780 CMR - Sixth Edition 1/19/01
421.1 General: Swimming and bathing pools shall
conform to the requirements of 780 CMR 421.0
provided that 780 CMR 421.0 shall not be applicable
to any such pool less than 24 inches (610 mm) deep
or having a surface area less than 250 square feet
(23.25 m2), except where such pools are
permanently equipped with a water-recirculating
system or involve structural materials. For the
purposes of 780 CMR, pools are classified as private
swimming pools, public swimming pools or semi-
public swimming pools, as defined in 780 CMR
421.2. Materials and constructions used in
swimming pools shall comply with the applicable
requirements of 780 CMR.
421.2 Definitions: The following words and terms
shall, for the purposes of 780 CMR 421.0 and as
used elsewhere in 780 CMR, have the meanings
shown herein.
Pools, swimming, hot tubs and spas
Above-ground/on-ground pool: See definition of
private swimming pool.
Barrier: A fence, a wall, a building wall or a
combination thereof which completely surrounds
the swimming pool and obstructs access to the
swimming pool. (Refer to M.G.L. c. 140, § 206
for required enclosure of public or semi-public,
outdoor, inground swimming pools.)
Hot tub (special purpose pool): A unit designed
for recreational and therapeutic use which is
shallow in depth and not meant for swimming or
diving. These pools are not drained, cleaned or
refilled for each user. It may include, but not be
limited to hydrojet circulation, hot water, cold
water mineral baths, air induction bubbles, or any
combination thereof. Industry terminology for
such a pool includes but is not limited to,
therapeutic pool, hydrotherapy pool, whirlpool,
hot spa, hot tubs, float tanks, etc. This standard
excludes residential units and facilities used or
under the direct supervision and control of
licensed medical personnel.
In-ground pool: See definition of private
swimming pool.
Private swimming pool: Any structure that
contains water over 24 inches (610 mm) in depth
and which is used, or intended to be used, for
swimming or recreational bathing in connection
with an occupancy in Use Group R-3 or R-4 and
which is available only to the family and guests of
the householder. This includes in-ground, above-
ground and on-ground swimming pools, hot tubs
and spas.
Private swimming pool, indoor: Any private
swimming pool that is totally contained within a
private structure and surrounded on all four sides
by walls of said structure.
Private swimming pool, outdoor: Any private
swimming pool that is not an indoor pool.
Public outdoor, inground swimming pool: Any
swimming pool which is used, or intended to be
used, for swimming or recreational bathing by
the general public. Refer to M.G.L. c. 140, § 206
for requirements pertaining to public or semi-
public, outdoor, inground swimming pool
enclosures, safety equipment, inspection, and
penalties for violations.
Public swimming pool, outdoor: Any public
swimming pool that is not defined as an outdoor,
inground swimming pool.
Semi-public outdoor, inground swimming pool:
(as defined by M.G.L. c. 140, § 206) any
swimming or wading pool on the premises of, or
used in connection with, a hotel, motel, trailer
court, apartment house, country club, youth
club, school, camp, or similar establishment
where the primary purpose of the establishment
is not the operation of the swimming facilities.
Semi-public outdoor, inground swimming pool
shall also mean a pool constructed and
maintained by groups for the purposes of
providing bathing facilities for members and
quests only. Refer to M.G.L. c. 140, § 206 for
requirements pertaining to public or semi-public,
outdoor, inground swimming pool enclosures,
safety equipment, inspection, and penalties for
violations.
Semi-public swimming pool, outdoor: Any semi-
public swimming pool that is not defined as a
semi-public outdoor, inground swimming pool.
Spa: See definition of private swimming pool.
Wading Pool: Aa pool of water in a basin having
a maximum depth of less than two feet intended
chiefly as a wading place for children. It does
not include any residential pool as herein
defined.
421.3 Permits and construction documents: A
swimming pool or appurtenances thereto shall not be
constructed, installed, enlarged or altered until
construction documents have been submitted and a
permit has been obtained from the code official. The
approval of all city, county and state authorities
having jurisdiction over swimming pools shall be
obtained before applying to the code official for a
permit. Certified copies of these approvals shall be
filed as part of the supporting data for the permit
application.
421.3.1 Construction documents: Construction
documents shall accurately show dimensions and
construction of the pool and appurtenances and
properly established distances to lot lines,
buildings, walks and fences, as well as details of
the water supply system, drainage and water
disposal systems, and all appurtenances pertaining
to the swimming pool. Detailed construction
documents of structures, vertical elevations and
sections through the pool showing depth shall be
included.
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
SPECIAL USE AND OCCUPANCY
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780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
108 780 CMR - Sixth Edition 1/19/01
421.4 Locations: Private swimming pools shall not
encroach on any front or side yard required by
780 CMR or by the governing zoning law, unless in
accordance with specific rules of the jurisdiction in
which the pool is located. A wall of a swimming
pool shall not be located less than six feet (1829
mm) from any rear or side property line or ten feet
(3048 mm) from any street property line, unless in
accordance with specific rules of the jurisdiction in
which the pool is located.
421.5 Structural design: The pool structure shall be
engineered and designed to withstand the expected
forces to which the pool will be subjected.
421.5.1 Wall slopes: To a depth up to two feet
nine inches (838 mm) from the top, the wall slope
shall not be more than one unit horizontal in five
units vertical (l:5).
421.5.2 Floor slopes: The slope of the floor on
the shallow side of the transition point shall not
exceed one unit vertical to seven units horizontal
(l:7). For public pools greater than 1,200 square
feet (111.6 m2), the slope of the floor on the
shallow side of the transition point shall not
exceed one unit vertical to ten units horizontal
(l:l0). The transition point between shallow and
deep water shall not be more than five feet (1524
mm) deep.
421.5.3 Surface cleaning: All swimming pools
shall be provided with a recirculating skimming
device or overflow gutters to remove scum and
foreign matter from the surface of the water.
Where skimmers are used for private pools, there
shall be at least one skimming device for each
l,000 square feet (93 m2) of surface area or
fraction thereof. For public pools where water
skimmers are used, there shall be at least one
skimming device for each 500 square feet (55.8
m2) of surface area or fraction thereof. Overflow
gutters shall not be less than three inches (76 mm)
deep and shall be pitched to a slope of one unit
vertical to 48 units horizontal (l:48) toward drains,
and constructed so that such gutters are safe,
cleanable and that matter entering the gutters will
not be washed out by a sudden surge of entering
water.
421.5.4 Walkways: All public and semi-public
swimming pools shall have walkways not less than
four feet (1219 mm) in width extending entirely
around the pool. Curbs or sidewalks around any
swimming pool shall have a slip-resistant surface for
a width of not less than four foot (305 mm) at the
edge of the pool, and shall be so arranged as to
prevent return of surface water to the pool.
421.5.5 Steps and ladders: At least one means of
egress shall be provided from private pools. All
public and semi-public pools shall provide
ladders to other means of egress at both sides of
the diving section and at least one means of egress
at the shallow section; or at least one means of
egress in the deep section and the shallow section
if diving boards are not provided. Treads of steps
and ladders shall have slip-resistant surfaces and
handrails on both sides, except that handrails are
not required where there are not more than four
steps or where the steps extend the full width of
the side or end of the pool. (Refer to 521 CMR
19.00, the Architectural Access Board’s rules
and regulations, for requirements pertaining to
the accessibility of all public and semi-public
swimming pools.)
421.6 Water supply: All swimming pools shall be
provided with a potable water supply, free of cross
connections with the pool or its equipment.
421.6.1 Water treatment: See 105 CMR 935.000
Minimum Standards for Swimming Pools.
421.6.2 Drainage systems: The swimming pool
and equipment shall be equipped to be emptied
completely of water and the discharged water
shall be disposed of in an approved manner that
will not create a nuisance to adjoining property.
421.7 Appurtenant structures: All appurtenant
structures, installations and equipment, such as
showers, dressing rooms, equipment houses or other
buildings and structures, including plumbing,
heating and air conditioning systems, shall comply
with all applicable requirements of 780 CMR,
applicable zoning laws and requirements, 105CMR
435.000: Minimum Standards for Swimming
Pools (State Sanitary Code: Chapter V), 248 CMR
2.00 : the State Plumbing Code, and 527 CMR
12.00: the State Electrical Code.
421.7.1 Accessories: All swimming pool
accessories shall be designed, constructed and
installed so as not to be a safety hazard.
Installations or structures for diving purposes
shall be properly anchored to insure stability.
421.8 Equipment installations: Pumps, filters and
other mechanical and electrical equipment for public
swimming pools shall be enclosed in such a manner
as to provide access only to authorized persons and
not to bathers. Construction and drainage shall be
arranged to avoid the entrance and accumulation of
water in the vicinity of electrical equipment.
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
SPECIAL USE AND OCCUPANCY
11/27/98 780 CMR - Sixth Edition 109
421.9 Enclosures for outdoor, inground public and
semi-public swimming pools: Outdoor, inground
public and semi-public swimming pools shall be
provided with an enclosure in accordance with
M.G.L. c. 140, § 206.
421.9.1 Enclosure for public and semi-public
outdoor, inground swimming pools: Every public
and semi-public outdoor, inground swimming
pool shall be enclosed by a fence six feet in
height and firmly secured at ground level
provided that any board or stockade fence or
structure shall be at least five feet in height, but
if over five feet in height, the fence shall be
chain link. Such enclosure, including gates
therein, shall not be less than six feet above the
ground, and any gate shall be self-latching with
latches placed four feet above the ground or
otherwise made inaccessible from the outside to
children up to eight years of age. Such
enclosure shall be constructed of such material
and maintained so as not to permit any opening
in said enclosure, other than a gate, wider than
three inches at any point along the enclosure.
Any such pool shall be equipped with at least
one life ring and rescue hook.
421.9.1.1 Enclosure for all other public and
semi-public swimming pools: The enclosure
shall extend not less than four feet (1219 mm)
above the ground. All gates shall be self-
closing and self-latching with latches placed
at least four feet (1219 mm) above the
ground.
421.9.2 Construction of enclosure for all other
public and semi-public swimming pools:
Enclosure fences shall be constructed so as to
prohibit the passage of a sphere larger than four
inches (102 mm) in diameter through any opening
or under the fence. Fences shall be designed to
withstand a horizontal concentrated load of 200
pounds (91 kg) applied on a one-square-foot
(0.093 m2) area at any point of the fence.
421.10 Enclosures for private swimming pools,
spas and hot tubs: In lieu of any zoning laws or
ordinances to the contrary, private swimming pools,
spas and hot tubs shall be enclosed in accordance
with 780 CMR 421.l0.l through 421.10.4 or by other
approved barriers.
421.10.1 Outdoor private swimming pool: An
outdoor private swimming pool, including an in-
ground, above ground or on-ground pool, hot tub
or spa shall be provided with a barrier which shall
comply with the following.
l. The top of the barrier shall be at least 48
inches (1219 mm) above finished ground level
measured on the side of the barrier which faces
away from the swimming pool. The maximum
vertical clearance between finished ground
level and the barrier shall be two inches (51
mm) measured on the side of the barrier which
faces away from the swimming pool. Where
the top of the pool structure is above finished
ground level, such as an above-ground pool,
the barrier shall be at finished ground level,
such as the pool structure, or shall be mounted
on top of the pool structure. Where the barrier
is mounted on top of the pool structure, the
maximum vertical clearance between the top of
the pool structure and the bottom of the barrier
shall be four inches (102 mm).
2. Openings in the barrier shall not allow
passage of a four-inch (102 mm) diameter
sphere.
3. Solid barriers shall not contain indentations
or protrusions except for normal construction
tolerances and tooled masonry joints.
4. Where the barrier is composed of
horizontal and vertical members and the
distance between the tops of the horizontal
members is less than 45 inches (1143 mm), the
horizontal members shall be located on the
swimming pool side of the fence. Spacing
between vertical members shall not exceed 1¾
inches (44 mm) in width. Decorative cutouts
shall not exceed 1¾ inches (44 mm) in width.
5. Where the barrier is composed of
horizontal and vertical members and the
distance between the tops of the horizontal
members is 45 inches (1143 mm) or more,
spacing between vertical members shall not
exceed four inches (102 mm). Decorative
cutouts shall not exceed 1¾ inches (44 mm) in
width.
6. Maximum mesh size for chain link fences
shall be a 1¼-inch (32 mm) square unless the
fence is provided with slats fastened at the top
or the bottom which reduce the openings to not
more than 1¾-inches (44 mm).
7. Where the barrier is composed of diagonal
members, such as a lattice fence, the maximum
opening formed by the diagonal members shall
be not more than 1¾ inches (44 mm).
8. Access gates shall comply with the
requirements of 780 CMR 421.10.1 items 1
through 7, and shall be equipped to
accommodate a locking device. Pedestrian
access gates shall open outwards away from
the pool and shall be self-closing and have a
self-latching device. Gates other than
pedestrian access gates shall have a self-
latching device. Where the release mechanism
of the self-latching device is located less than
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
110 780 CMR - Sixth Edition 1/19/01
54 inches (1372 mm) from the bottom of the gate:
(a) the release mechanism shall be located on the
pool side of the gate at least three inches (76 mm)
below the top of the gate; and (b) the gate and
barrier shall not have an opening greater than ½ inch
(13 mm) within 18 inches (457 mm) of the release
mechanism.
9. Where a wall of a dwelling serves as part of
the barrier, one of the following shall apply:
9.1. All doors with direct access to the pool
through that wall shall be equipped with an
alarm which produces an audible warning
when the door and its screen, if present, are
opened. The audible warning shall
commence not more than seven seconds
after the door and screen door, if present,
are opened and shall sound continuously for
a minimum of 30 seconds. The alarm shall
have a minimum sound pressure rating of 85
dBA at ten feet (3048 mm) and the sound of
the alarm shall be distinctive from other
household sounds such as smoke alarms,
telephones and door bells. The alarm shall
automatically reset under all conditions.
The alarm shall be equipped with manual
means, such as touchpads or switches, to
deactivate temporarily the alarm for a single
opening from either direction. Such
deactivation shall last for not more than 15
seconds. The deactivation touchpads or
switches shall be located at least 54 inches
(1372 mm) above the threshold of the door.
9.2. The pool shall be equipped with an
approved power safety cover.
10. Where an above-ground pool structure is
used as a barrier or where the barrier is
mounted on top of the pool structure, and the
means of access is a fixed or removable ladder
or steps, the ladder or steps shall be surrounded
by a barrier which meets the requirements of
780 CMR 421.10.1 items 1 through 9. A re-
movable ladder shall not constitute an accept-
able alternative to enclosure requirements.
421.10.2 Indoor private swimming pool: All
walls surrounding an indoor private swimming
pool shall comply with 780 CMR 421.10.1, item
9.
421.10.3 Prohibited locations: Barriers shall be
located so as to prohibit permanent structures,
equipment or similar objects from being used to
climb the barriers.
421.10.4 Exemptions: The following shall be
exempt from the provisions of 780 CMR 421.0.
1. A spa or hot tub with an approved safety
cover.
2. Fixtures which are drained after each use.
421.11 Diving boards: Minimum water depths and
distances for diving hoppers for pools, based on
board height above water, shall comply with Table
421.11(1) for public pools and Table 421.11 (2) for
private pools.
The maximum slope permitted between point D2
and the transition point shall not exceed one unit
vertical to three units horizontal (1:3) in private and
public pools. D1 is the point directly under the end
of the diving boards. D2 is the point at which the
floor begins to slope upwards to the transition point.
See Figure 421.11.
Figure 421.11
MINIMUM WATER DEPTHS AND
DISTANCES BASED ON BOARD HEIGHT
FOR ALL PUBLIC, SEMI PUBLIC AND
PRIVATE POOLS
Table 421.1 1(1)
MINIMUM WATER DEPTHS AND
DISTANCES BASED ON BOARD
HEIGHT FOR ALL PUBLIC POOLS
Board height
Minimum deptha at
D1 directly under
end of board
Distancea
between
D1 and D2
Minimum
deptha at
D2
2'2" (_ meter)
7'0"
8'0"
8'6" 2'6" (¾ meter)
1 meter
7"6"
8'6"
9'0'’
10'0"
9'0"
10'0"
3 meter
11'0"
10'0"
12'0"
Note a. 1 foot = 304.8 mm.
Table 421.11(2)
MINIMUM WATER DEPTHS AND
DISTANCES BASED ON BOARD HEIGHT
FOR PRIVATE POOLS
Board height
Minimum
deptha at D1
directly under
end of board
Distancea
between D1
and D2
Minimum
deptha at D2
1'8" (½ meter)
6'0"
7'0"
7'6"
2'2" (_ meter)
2'6" (¾ meter)
6'10"
7'5"
7'6"
8'0"
8'0"
8'0"
3'4" (1 meter)
8'6"
9'0"
9'0"
Note a. 1 foot = 304.8 mm.
780 CMR 422.0 EXISTING BUILDINGS
422.1 Existing Buildings: See 780 CMR 34.
422.2 Places of assembly
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422.2.1 Change of use: An existing building or
structure or part thereof shall not be altered or
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converted into a place of assembly unless it
complies with the provisions of 780 CMR 34
applicable to places of assembly.
780 CMR 423.0 GROUP RESIDENCE
423.1 Scope: Except as may otherwise be
specifically provided for in 780 CMR 423.0 , the
requirements of 780 CMR, in its entirety, and as
applicable, shall apply.
423.1.1 Department of Mental Retardation (DMR)
Group Homes: 780 CMR 423.0 shall not apply to
premises operated or licensed by the Department
of Mental Retardation (DMR) pursuant to
115 CMR 7.00 and 8.00, upon the completion of a
DMR safety assessment for each individual and
an approved safety plan for each location where
services and supports are provided. Such
premises shall be treated as conventional R-4, R-
3, R-2 and R-1 use as applicable.
423.2 Definition: A group residence is a premise
licensed by or operated by an agency of the
Commonwealth of Massachusetts or subdivision
thereof, as a special residence for those who are
capable of self-preservation in the following
categories:
1. not more than 12 unrelated persons between
the ages of seven and 15 years of age inclusive; or
2. not more than 25 unrelated persons, 16 years
of age or over; or
3. a combination of 780 CMR 423.2 category 1
and 2 above consisting of not more than 18
unrelated persons over seven years of age
calculated at the rate of two such persons, or
portion thereof, from Category 2 being equal to
one such person in Category 1 all in accordance
with Table 423.2.
Note: In determining the classification for
proposed use, group residence shall not be
construed as being similar in any way to a multi-
family dwelling, two-family dwelling, boarding
house, lodging house, dormitory, hotel, school or
institution of any kind. For building code
purposes, it shall be treated as a single-family
residential building.
Table 423.2
Group Residence - Maximum Capacity,
Combination of Categories
Category
Number
Number of Residents per Category
Category 1
12
11
10
9
8
7
6
5
4
3
2
1
0
Category 2
0
2
4
6
8
10
12
13
14
15
16
17
25
Maximum total
residents
12
13
14
15
16
17
18
18
18
18
18
18
25
423.2.1 Special definitions: For the purpose of
780 CMR 423.0, the following terms shall be defined
exclusively for use with group residences:
Self preservation: Having the capability, both
mentally and physically, to take action to preserve
one's own life. Specifically, to egress the building
within 2½ minutes. (Reference inspection
procedures in 780 CMR 423.8 and 423.9.)
Egress: A continuous unobstructed path of travel
from any space in a building to the open air
outside at grade.
Principal means of egress: The primary choice of
two routes normally used by occupants to enter or
leave a building.
Escape route: To reduce the possibility of
entrapment in the event that the principal means
of egress is blocked by fire or smoke, an escape
route shall be available which performs in
accordance with 780 CMR 423.6 and 423.9. In
an existing building where a second means of
egress is physically impractical from above grade
floors, any proven, usable path to the open air
outside at grade shall be deemed acceptable,
including but not limited to connecting doors,
porches, windows within six feet of grade, ramps,
fire escapes, balcony evacuation systems, etc.
Authorized inspectors: The state or local building
official having jurisdiction and a representative of
the licensing or operating agency having
jurisdiction.
Room: See definition of "Habitable space" and
"Occupiable room" in 780 CMR 201.0.
423.3 Existing buildings: The requirements of
780 CMR 423.0, shall also apply to existing
dwelling units which are to be converted to a
group residence and alternative requirements set
forth in 780 CMR 34 that conflict with the
requirements of 780 CMR 423.0 shall not apply.
423.3.1 Height limitations: Existing buildings,
of Type 5B construction, greater than 2½
stories, or 35 feet in height may be allowed to
be used (as an exception to Table 503) as a
group residence.
423.4 Plans and specifications: Plans shall be filed
with the building official having jurisdiction in
accordance with 780 CMR 110.0 for any building to
be constructed as, or altered for use as, a group
residence under 780 CMR 423.0. The floor plans
shall show all rooms, spaces, closets, doors,
corridors, windows, stairs and stairways, hazardous
vertical openings and the location of all required
fire warning equipment and proposed fire
suppression equipment.
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423.5 Hazardous contents: Any contents which
represent a fire hazard greater than that which
could be expected of ordinary household
furnishings, shall not be allowed. Storage shall not
be allowed above the second floor.
423.5.1 Interior finish: Only Class I and Class II
interior finish materials shall be allowed in the
principal means of egress. In refinishing any
other area, material having a Class III flame
spread rating shall be allowed provided it does
not decrease the existing rating. The smoke
contribution rating of any material shall not
exceed 450 (see 780 CMR 704.0).
423.5.2 Exception: In existing buildings, the
required flame spread or smoke development
classification of interior surfaces may be obtained
by applying approved fire retardant paints or
solutions to existing interior surfaces having a
higher flame spread rating than permitted.
423.6 Egress: In existing buildings there shall be
one means of egress and one escape route serving
each floor, remote as possible from each other and
leading to grade. The stairway between the first and
second floors, if unenclosed, may remain unenclosed
to preserve functional and aesthetic requirements.
In new construction, two means of egress are
required in accordance with the One- and
Two-Family Dwelling Code, and stairways above
the grade floor shall be enclosed with one hour
fireresistive construction.
Exception:
1. Where the Group Residence is protected with
a fire suppression system according to NFiPA
13D or better as listed in Appendix A only one
means of egress shall be required from floors
above the grade floor in existing buildings and
new construction.
2. Where the Group Residence is protected with
a fire suppression system according to NFiPA
13D or better as listed in Appendix A the
enclosure of stairways is not required.
423.7 Fire protection systems
423.7.1 Hazardous vertical openings: Openings
to such spaces as laundry chutes, dumbwaiters,
heating plenums or combustible concealed spaces
shall be permanently blocked with one hour
construction, as regulated by the provisions of
780 CMR 7.
423.7.2 Automatic fire warning systems: An
approved automatic fire warning system shall be
provided in accordance with 780 CMR 9.
423.8 Inspections: There shall be three mandatory
types of inspections as described below. The results
of such inspections shall be on file in the office of the
building official with copies sent to the licensing or
operating agency on a prepared checklist and signed
by the authorized inspectors.
423.8.1 Temporary certificate: The building
official shall perform plan review and
post-construction inspection to ensure that the
building conforms to 780 CMR. He shall issue a
temporary certificate of occupancy effective for
90 days only.
423.8.2 Final certificate: Before issuance of the
final certificate of occupancy, the authorized
inspectors shall mutually conduct a test (see
780 CMR 423.9.1) to ensure that the occupants
are capable of self-preservation. Upon complete
satisfaction of all requirements, the building
official shall then issue a permanent certificate of
occupancy. This test shall be conducted once a
year in accordance with 780 CMR 106.5 for
purposes of recertifying both the building and the
occupants.
423.9 Inspection procedure: The building and the
occupants' capability of self-preservation constitute
a system of life safety which are unique for each
building and for each occupant in a group
residence. Therefore, a simple direct test is
specified herein to determine the capability of the
occupant and/or the suitability of the building as a
life safety system.
423.9.1 Direct test/fire drill: A fire drill shall be
conducted as the direct test required by 780 CMR
423.9. The building official may require that he
be present for the fire drill, or may accept an
affidavit signed by the residence manager citing
the names of the authorized inspectors present,
the names of the occupants who participated, the
name(s) of any occupants who failed to egress the
building within 2½ minutes, the date, time and
place where said fire drill was held. During the
conduct of the drill, all staff personnel of the
group residence shall isolate themselves from the
occupants. The authorized inspector(s), when
present, shall then cause to be blocked any one
point in an egress route where the choice of an
alternate route is possible, to simulate a
hazardous condition, and the internal alarm
system shall be activated for 2½ minutes.
423.9.2 Evaluation: Any occupant who fails to
escape from the building and achieve egress
outside the building at ground level within the 2½
minute period shall not be permitted to remain
living in the residence.
Note: The occupant or the building may be at
fault; therefore, the system has failed to
perform adequately to provide life safety and
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is, consequently, unacceptable for that
occupant.
423.9.3 Other tests: Other tests are not necessary
and shall not be required by the building official.
It shall be the responsibility of the residence
manager of the group residence to provide
immediate suitable accommodations elsewhere
for any occupant deemed unacceptable by the
building official. Each occupant must be certified
at regular intervals but not less than every
quarter at the group residence by the licensing or
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operating agency. The building official may
require an inspection at his discretion when he
feels that either the building or the occupant may
not conform.
423.10 Certificate of occupancy: Any certificate of
occupancy issued for a building intended to be used
as a group residence, as defined in 780 CMR 423.2,
shall become invalid if the premises have not been
licensed or authorized by an agency of the
Commonwealth of Massachusetts within 90 days of
the date of issuance of the certificate of occupancy.
780 CMR 424.0 DAY CARE CENTERS
424.1 General: Day care centers in new or existing
buildings shall be subject to the applicable
provisions of 780 CMR and the special requirements
of 780 CMR 424.0.
424.2 Definitions:
Day Care Center: Special occupancies in which
clients receive care, maintenance, and
supervision by other than relatives or legal
guardians for less than 24 hours per day. Such
day care centers include both child day care
centers and adult day care centers licensed by the
office for children or other state agencies or
otherwise functioning as a day care center.
Child Day Care Centers: Falling under the
requirements of 780 CMR 424 and being a
sub-set of day care centers, shall be those child
day care centers so defined in 780 CMR 202.
Smoke Stop Partion: For purposes of 780 CMR
424.0, a smoke stop partion shall satisfy the
requirements of 780 CMR 711.0 for a fire partion.
424.3 Use Group Classifications:
424.3.1 Less than two years and nine months in
age: Buildings and portions thereof licensed by
the Office for Children as child day care centers
for children two years and nine months in age or
younger shall be classified as I-2 use group.
424.3.2 More than two years and nine months in
age: Buildings or portions thereof licensed by the
Office for Children as child day care centers for
children more than two years and nine months in
age shall be classified as E-use group.
424.3.3 Adult Day Care Centers: Buildings or
portions thereof licensed by agencies of the state
or otherwise operating as day care centers and
otherwise not classified I-2 use or E-use shall be
classified as B-use.
Exception: In adult day care centers in which
clients and staff cannot evacuate the building
with or without assistance in three minutes,
such adult day care centers shall be classified
in the I-2 category and subject to I-2 use
provisions of 780 CMR 424.0.
424.4 General Provisions:
424.4.1 Means of Egress: Day Care Centers in
new and existing buildings or portions thereof
shall conform to the means of egress requirements
as set forth in 780 CMR 10 and 780 CMR 34 as
applicable and otherwise noted below in
780 CMR 424.0.
424.4.1.1 Exit Signs and Means of Egress
Lighting: Exit signs and means of egress
lighting shall conform to the requirements of
780 CMR 1023.0 and 1024.0 as applicable.
424.4.1.2 Roof Egress: Where the roof of a
building is used as part of the day care center,
required means of egress from the roof shall
consist of two enclosed stairways: complying
as exits and providing two separate protected
ways of travel to exit discharges; or the
required means of egress from the roof shall
consist of one enclosed stairway complying as
an exit providing a protected way of travel to
an exit discharge and a protected stairway
from the roof leading to a corridor on the
floor directly below the roof and such corridor
shall lead to two remote and independent exits.
Stairways shall comply with the requirements
of 780 CMR 10 except as noted on 780 CMR
424.4.2.
424.4.1.2.1 Additional Roof Space
Requirements: Where a roof is used by a
day care center, there shall be a solid,
smooth non-climbable fence or barrier a
minimum of seven feet high on all sides and
separating the day care center area from
any other uses. Fences shall be set back at
least three feet from the outside edge of the
exterior wall below. A waterproof telephone
or equivalent means of communication shall
be located on the roof for use in
emergencies and shall be openable without
keys, coins, or special knowledge.
424.4.1.3 Doors: All required means of egress
doors shall be at least 36 inches in width. All
other doors shall be at least 32 inches in width.
Exception: Where the occupant load, as
calculated in accordance with 780 CMR
1008, requires door widths in excess of 36
inches; door widths shall conform to the
requirements of 780 CMR 1017.3.
424.4.1.4 Handrails: Handrails shall conform
to the requirements of 780 CMR 1022.0 and
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when the day care center clients include
children, in addition to an upper handrail, a
lower handrail shall be installed between 20”
and 24” above the nosing of the stair tread.
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424.4.1.5 Guards: Guards shall conform to
the requirements of 780 CMR 1021.0.
424.4.1.6 Stairways: Stairways, whether
required means of egress interior or
exterior stairways or supplemental
stairways, shall comply with the
requirements of 780 CMR 1014.0 and
780 CMR 34.0 as applicable.
Exception: Existing stairways shall not
be required to satisfy the requirements of
780 CMR 1014.6 unless so required by
the Building Official in accordance with
780 CMR 3400.4 or 3400.5.
424.4.2 Mixed Use- New and Existing Buildings:
424.4.2.1 Mixed Use- New Construction: In
new construction mixed use buildings, day care
centers shall conform to the separation
requirements of 780 CMR 313.0.
424.4.2.2 Mixed Use- Existing Buildings: In
mixed use existing buildings the day care
center walls shall conform to the separation
requirements of 780 CMR 313.0 except that the
floor - ceiling assemblies of the day care center
for the 780 CMR 313.1.2 separation option
shall, as a minimum, conform as follows:
(a) For day care centers located above any
usable space - the floor of the day care
center shall have a minimum of a one hour
fireresistance rating in buildings of Type
2C, 3B and 5 construction; and a minimum
of a two hour fireresistance rating in
buildings of type 1, 2A, 2B, 3A and 4
construction.
(b) For day care centers located below
usable space, the ceiling of the day care
center shall have at least a one hour
fireresistance rating or the floor above shall
be equipped with smoke detectors
interconnected to the day care center fire
warning system such that smoke detector
activation on the floor above will initiate
alarm in the day care center.
424.4.2.3 Mixed Day Care Use: When a day
care center contains children or adults of
mixed ages such that it would be classified in
both I-2 and B or E and B use groups, the
provisions for the most restrictive use shall
apply unless the building or portion thereof
satisfies the requirements set forth in 780 CMR
313.0.
424.4.3 Elevator Doors: In buildings with
elevators, the day care center:
(1) shall not be exposed directly to the
elevator doors opening from the elevator shaft,
(2) at least one of the required means of
egress shall not be exposed to the elevator
openings.
Elevator door openings may be separated by two
hour fireresistance rated construction creating
elevator lobbies and where such lobbies exist, of
780 CMR 424.4.3(1) and (2) are deemed satisfied.
424.4.4 Fire Protective Signaling Systems: Fire
protective signaling systems shall be installed in
all day care centers and shall conform to the
requirements of 780 CMR 917.0.
Exception: Residential occupancies identified
in 780 CMR 424.4.5, Exception 1.
424.4.5 Automatic Fire Detection Systems: An
automatic fire detection system shall be designed
and installed in accordance with the requirements
of 780 CMR 918.0; 780 CMR 424.4.2.2(b);
780 CMR 424.4.5 and 780 CMR 424.5 as
applicable.
Exception 1: Residential occupancies that
incorporate day care center I-2 or E- or B-Use
and otherwise comply with all applicable
requirements of 780 CMR 424, have a day care
occupancy not exceeding 24 clients and
otherwise do not have, nor are required to
have, fire protection systems complying with
780 CMR 917 and 780 CMR 918 shall be
permitted to utilize single and multiple station
smoke detectors in accordance with 780 CMR
919. In such instances the requirements of
780 CMR 923.2 shall not apply.
Exception 2: Single story buildings or portions
thereof with day care occupancies not
exceeding 24 clients and which otherwise
comply with all applicable requirements of
780 CMR 424, specifically and 780 CMR
generally, shall be required to utilize fire
protection systems complying with 780 CMR
917 and 780 CMR 918, but the requirements of
780 CMR 923.2 shall not apply unless the
building fire protection systems are otherwise
required to conform to the requirements of
780 CMR 923.
(Note to Exception 2: If the basement or
cellar of such a building is used as a portion
of the day care center, Exception 2 of
780 CMR 424.4.5 shall not apply).
424.4.5.1 Location of Detectors: Smoke
detectors shall be installed to ensure total
coverage of the day care center and also
located in front of the doors to the stairways
and in the corridor providing required means
of egress on all floors of the day care center,
and comply with the smoke detector
manufacturers listed requirements.
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424.4.5.1.1 Zoning: Specific smoke
detector zoning shall be in accordance with
780 CMR 917.7.3 with smoke detectors
spacing no greater than 30’ unless
otherwise allowed via manufacturer’s
listing requirements.
424.4.5.2 Compatibility: Fire protection
signaling systems and/or automatic fire
detection systems that are interfaced shall
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be listed for such mechanical and electrical
interfacing.
424.4.6 Story Height Limitations: The allowed
basement and story locations of day care centers
in new and existing buildings shall be limited by
the provisions of 780 CMR 424.5, as applicable to
the use group classification of the day care
center, and Table 780 CMR 424.4.6.
Table 424.4.6
PERMITTED LOCATIONS AND REQUIRED
SPRINKLER PROTECTION FOR
DAY CARE CENTERS I-2 Child Care Occupancy Children Under Two Years Nine
Months of Age
Building Construction Type
Floor Level of
Child Day Care
Center
1A
1B
2A
2B
2C
3A
3B
4
5A
5B
Basement / Cellar
P
P
P
P
P
P
P
P
P
P
1st Story
P
P
P
P
P
P
P
P
P
P
2nd Story
PS
PS
PS
S
NP
S
NP
S
NP
NP 3rd Story PS PS PS S NP S NP S NP NP
4th Story and
Higher
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP E Child Care Occupancy / Children Over Two Years Nine
Months of Age
Building Construction Type
Floor Level of
Child Day Care
Center
1A
1B
2A
2B
2C
3A
3B
4
5A
5B Basement / Cellar P P P P P P P P P P
1st Story
P
P
P
P
P
P
P
P
P
P
2nd Story
P
P
P
P
P
P
P
P
P
P 3rd Story PS PS PS S NP S NP S NP NP
4th Story
PS
PS
PS
S
NP
S
NP
S
NP
NP
5th to 7th Story
PS
PS
PS
NP
NP
NP
NP
NP
NP
NP
8th Story and
Higher
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
B - Day Care Occupancy / Adult (Elder) Day Care Exception (1):
Adullt day care centers falling under
the “Exception” to 780 CMR 424.3.3
B-Use day care
Facilities are not
limited in where
they may be
located in a
building
Exception (2):
Adult day care centers of mixed-care
use as described in 780 CMR 424.4.2.3
Key to Table
P = Permitted
NP = Not Permitted
S = Sprinklers Required / See 780 CMR 424.5
for Special Provisions
PS = Partial Sprinklers Required / See 780 CMR
424.5 for Special Provisions
424.4.7 Heating System: Any portable or
permanent heater in spaces occupied by clients
shall be separated from the occupied space by
partitions, guards, screens, or other means.
Space and unit heaters using combustible fuels
shall be prohibited. (Also see 424.4.8)
424.4.8 Boiler Rooms: Boilers, furnaces or other
fire units shall be enclosed as required in the
BOCA National Mechanical Code listed in
Appendix A. Boiler room doors shall not open
into occupied areas.
424.4.9 High Hazard Restrictions: A day care
center shall not occupy the same building with, or
be located within 200 feet of a high hazard
occupancy.
424.4.10 Accessibility for Persons with
Disabilities: Accessibility requirements shall be
in accordance with 521 CMR as listed in
Appendix A.
424.5 Special Provisions:
424.4.5.1 Application: Special provisions for I-2,
E and B use day care centers and relating to
allowed location, special egress and special
alarm requirements are found in 780 CMR 424.5
424.5.2 I-2 Use Allowed Basement/Cellar/Story
Locations: In new and existing buildings, day
care centers which are classified in the I-2 use
group shall comply with one of the following
compliance options listed below. All required
means of egress for day care centers classified in
use group I-2 shall lead directly to grade.
1. The location of the day care center shall
be limited to the first floor, cellar and/or
basement; or
2. In buildings of Type 2B, 3A or 4
construction which are fully sprinklered and
comply with the special provisions of
780 CMR 424.5.4.4, the day care center shall
be located no higher than the third floor; or
3. In buildings of Types 1A, 1B or 2A con-
struction and are either fully sprinklered, or
in which the day care center and all floors be-
low are sprinklered, the day care center shall
be located no higher than the third floor.
Notes:
(1) Also see 780 CMR Table 424.4.6.
(2) See special egress requirements of
780 CMR 424.5.4.
424.5.3 E-Use Allowed Basement/Cellar/Story
Locations: In new and existing buildings, day
care centers which are classified in the E use
group shall comply with one of the following
compliance options listed below. All required
means of egress for day care centers classified in
use group E shall lead directly to grade.
1. The location of the day care center shall
be limited to the second floor; first floor or
cellar and/or basement, or;
2. In buildings of Type 2B, 3A or 4 construc-
tion which are fully sprinklered and comply
with the special provisions of Section 780
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CMR 424.5.4.4, the day care center shall be
located no higher than the fourth floor; or;
3. In buildings of Types 1A, 1B or 2A
construction which comply with the special
provisions of 780 CMR 424.5.4.4 and are
either fully sprinklered, or in which the day
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care center and all floors below are
sprinklered, the day care center shall be
located no higher than the seventh floor.
Notes:
(1) Also see 780 CMR Table 424.4.6.
(2) See special egress requirements of
780 CMR 424.5.4.
424.5.4 B-Use Allowed Basement/Cellar/Story
Locations: In day care centers classified in the
B-Use category and where staff and clients in an
emergency can exit the building in no more than
three minutes, with or without assistance, there
is no restriction on locating of the day care
center within any basement/cellar or story.
Exception: In adult day care centers
classified as day care I-2 use see 780 CMR
424.3.3.
424.5.4 I-2 and E Use Egress Requirements For
Basement and Cellar Use:
424.5.4.1 Basement or Cellar Use: A
basement or cellar, as defined in 780 CMR 2,
of a building of Type 3B or 5B construction
may be used for a day care center in
accordance with the following requirements:
1. There shall be two separate and
independent means of egress, remote from
each other and leading directly to grade,
or;
2. there shall be two separate and
independent means of egress, remote from
each other and leading to two one hour
fire-rated enclosed stairways not more than
four feet in height vertically which lead
directly to grade and are separated from
any other use as an egress by one hour
fire-rated partitions and self-closing doors,
or;
3. A combination of 1 and 2.
424.5.4.2 Fire Protective Systems: Fire
protection systems shall comply with the
requirements of 780 CMR 424.4.4 and
424.4.5; additionally in basement or cellar
use, regardless of building construction type,
smoke detectors shall be located in the first
story above the basement or cellar location
and in any story below grade that may exist
below the basement or cellar day care
location. Such smoke detectors shall be
connected to the day care automatic fire
detection system.
424.5.4.3 Common Corridor Exit Access in
Buildings of Types 1, 2A and 2B
Construction: In buildings equipped with a
fire suppression system in conformance with
780 CMR 9, a common exit access corridor
shall be acceptable for providing access to two
means of egress required in 780 CMR
424.4.1, such common corridors used for
exitway access may be subdivided, to provide
separate and independent exitway access by
using smoke stop partions complying, as
applicable, with the provisions of 780 CMR
711.0 for fire partitions. Access through
interconnected rooms to either side of the
smoke stop partition, as provided in 780 CMR
424.4, shall be allowed as a method of
complying with 780 CMR 424.5.4.3. If the
doors in the smoke stop partitions are
normally open, such doors shall be equipped
with an automatic hold open device, actuated
by either the building fire protective signaling
system and/or the building automatic fire
detection system to close automatically.
424.5.4.4 I-2 and E use Day Care Centers
Located in Upper Stories of a Building: In
new and existing buildings containing I-2 day
care occupancies where the day care center is
located above the first floor, and in new and
existing buildings containing E use day care
occupancies and where the day care center is
located above the third floor, the day care
center shall meet also the requirements of
780 CMR 424.5.4.5 thru 780 CMR 424.5.4.7.
424.5.4.5 Telephone communication: The
day care center shall have telephones located
in every occupied room of the day care center
and directly connected to the building fire
command center or to a constantly attended
station within the building, if such exists, or
otherwise such telephones shall utilize
standard phone service with such phones
having the capability of retaining, and upon
manual selection, automatically dialing the
emergency number of the fire department
having jurisdiction.
424.5.4.6 Alarm requirements: In addition to
the requirements of 780 CMR 424.4.4 and
424.4.5, on the floor of the day care center
and/or the floor below, the operation of any
water flow device, manual pull station, smoke
or heat detector will initiate a special
announcement for the day care center to
evacuate or proceed to a specific area. The
language of the announcement shall be
acceptable to the building official and head of
the fire department. Smoke detectors shall be
installed on the ceiling of the floor below the
day care center. Manual pull stations shall be
required on the floor located below the care
center.
424.5.4.7 Areas of refuge: In new and
existing buildings containing E use care oc-
cupancies where the day care center is located
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
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122 780 CMR - Sixth Edition 1/19/01
on the fourth through seventh floors, the day
care center shall have direct access to a sepa-
rate area which shall have a minimum of two
hour fireresistance rated construction separa-
ting it from the rest of the building. The area
shall adjoin an enclosed stairway with a fire
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
SPECIAL USE AND OCCUPANCY
11/27/98 780 CMR - Sixth Edition 123
resistance rating of at least two hours. The area
shall be sized at nine square feet per person to
accommodate the licensed client capacity and
staff of the day care center. This provision shall
apply to all centers located on the sixth or
seventh floors of a building and to those centers
on the fourth or fifth floors whose licensed
capacity exceeds 50 clients. (Also see Table
424.4.6.)
780 CMR 425.0 SUMMER CAMPS FOR
CHILDREN
425.1 Definition: Summer camps for children
include premises, operated solely between April
and October of each year for recreational or other
purposes, and having residential facilities. The use
of such accommodations for purposes of
inspection, certification and inspection fees shall
be considered as being similar to a dormitory in
Use Group R-2 and subject to the following
provisions of 780 CMR 425.0
425.2 New and existing occupancies: 780 CMR
425.0 shall apply to existing and new summer
camps for children as defined in 780 CMR 425.1.
425.3 Means of egress: All one-story, one-room
buildings having 1,000 square feet or less and
having 25 occupants or less shall require only one
means of egress provided that:
1. the length of travel does not exceed 50 feet
from any point in the building to the outside at
grade; and,
2. the minimum width for aisles and corridors
shall be three feet.
425.3.1 Emergency escape: Every sleeping room
shall have at least one exterior door or openable
window to permit emergency exit or rescue; the
windows shall conform to the following
restrictions:
1. must be openable from the inside without
the use of separate tools;
2. the sill height shall not be more than 36
inches above the finish floor and with a
maximum six foot drop from the window sill
to grade below the window; and
3. provide a minimum net clear opening area
5.7 square feet. The minimum net clear
opening height dimension shall be 24 inches,
The minimum net clear opening width
dimension shall be 20 inches.
425.4 Fire protection: Smoke detectors shall be
required for existing and new residential units in
accordance with 780 CMR 918.0 (919.0) of
780 CMR .
Exception: Tents and other temporary shelters
which are designed to sleep less than eight
persons and which have an open side consisting
of greater than 1/6 of the perimeter of the shelter
or which have built-in provisions for emergency
escape.
425.5 Mechanical: If camps are heated, then the
building must conform to all applicable code
sections and specialized codes, notwithstanding any
of the provisions in 780 CMR 425.0.
425.6 Enforcement and inspections: Enforcement
shall be by the local building official who shall
inspect and certify the summer camps yearly, prior
to season opening. Fees charged shall be in
accordance with 780 CMR.
780 CMR 426.0 BULK MERCHANDISING
RETAIL BUILDINGS
426.1 General: Bulk Merchandising Retail
Buildings have different fire and life safety risks
than traditional retail buildings. This difference
requires special attention to fire protection and life
safety. The purpose of 780 CMR 426.0 is to
provide standards to adequately deal with these
differences, and to reduce the risk of life loss,
injury, and excessive property damage from fire.
426.2 Scope: The provisions of 780 CMR 426.0
shall apply to buildings or structures defined
herein as Bulk Merchandising Retail Buildings or
portions thereof containing high piled combustible
storage as defined in 780 CMR 426.2.1. Unless
otherwise noted in 780 CMR 426.0, the
requirements for Bulk Merchandising Retail
Buildings shall be in accordance with the
requirements set forth for Use Group M,
Mercantile as defined in 780 CMR 309.0 or
780 CMR 417.0 (if applicable).
426.2.1 Definitions: Terms used in 780 CMR
426.0 shall have the following meanings:
Aerosol: A product that is dispensed from a metal
can, up to a maximum size of 33.8 fl oz (1000
ml) or a glass or plastic bottle, up to a maximum
size of four fl oz (118 ml) that is designed and
intended to dispense an aerosol by a propellant.
Aerosols shall be classified by means of the
calculation of their chemical heats of
combustion and shall be designated Level 1,
Level 2, or Level 3 in accordance with Table
426.2.
Table 426.2
AEROSOL CLASSIFICATION
Chemical Heat of Combustion
Aerosol
Level
0-8,600 BTU/lb (0-20 kJ/g)
1
8,600-13,000 BTU/lb (20-30 kJ/g)
2
13,000 or greater BTU/lb (30 or greater kJ/g)
3
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
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Group A Plastics: Products that utilize plastic, or
non plastic products that utilize significant
plastic packaging materials, that have a high
BTU content; ABS (acrylonitrile-butadiene-
styrene copolymer), Acetal (polyformaldehyde),
Acrylic (polymethyl methacrylate), Butyl rubber,
EPDM (ethylene-propylene rubber), FRP
(fiberglass reinforced polyester), Natural rubber
(expanded), Nitrile rubber (acrylonitrile-
butadiene rubber), PET or PETE (polyethylene
terephthalate), Polybutadiene, Polycarbonate,
Polyester elastomer, Polyethylene,
Polypropylene, Polystyrene (expanded and
unexpanded), Polyurethane (expanded and
unexpanded), PVC (polyvinyl chloride greater
than 15% plasticized, e.g., coated fabric
unsupported film), SAN (styrene acrylonitrile),
SBR (styrene-butadiene rubber).
Bulk Merchandising Retail Buildings: A building
where sales areas contain high piled combustible
commodities, or high piled, high hazard
commodities as defined by 780 CMR 4 and
780 CMR 3.
Combustible Liquids: Any liquids having a flash-
point at or above 100°F (38°C) shall be known
as Class II or III liquids. Combustible liquids
shall be divided into the following classification:
Class II - Liquids with a flash point at or above
100°F (37.8°C) and below 140°F (60°C).
Class III-A - Liquids with a flash point at or
above 140°F (60°C) and below 200°F (93.3°C).
Class III-B - Liquids with a flash point at or
above 200°F (93.3°C).
Control Area: Is a building or portion of a building
within which the exempted amounts of
hazardous materials are allowed to be stored,
dispensed, used, or handled.
Corrosive: A chemical that causes visible
destruction of, or irreversible alterations in
tissue by chemical action at the site of contact.
A chemical is considered to be a corrosive if,
when tested on the intact skin of albino rabbits
by the method described in Appendix A of CFR
49, Part 173, it destroys or changes irreversibly
the structure of the tissue at the site of contact
following an exposure period of four hours.
This term does not refer to action on inanimate
surfaces. [Source: Uniform Fire Code]
Flammable Liquids: Any liquids having a flash
point below 100°F (38°C), and having a vapor
pressure not exceeding 40 psia (276 kPa) at
100°F (38°C). Flammable liquids shall be
known as Class I liquids and shall be divided
into the following classification:
I-A Liquid - A liquid with a flash point below
73°F (22.8°C) and a boiling point below 100°F
(37.8°C).
I-B Liquid - A liquid with a flash point below
73°F (22.8°C) and a boiling point at or above
100°F (37.8°C).
I-C Liquid - A liquid with a flash point at or
above 73°F (22.8°C) and below 100°F (37.8°C).
High Piled Combustible Commodity: Storage of
combustible materials in piles greater than 12
feet (3.658 m) in height or combustible materials
on pallets, in racks or on shelves where the top
of storage is greater than 12 feet (3.658 m) in
height.
High Piled, High Hazard Commodity: Storage of
combustible materials such as rubber tires,
Group A plastics, flammable liquids, idle pallets
and commodities with similar heat release
characteristics where the top of storage is
greater than six feet (1.829 m) in height.
Highly Toxic: Material which produces a lethal
dose or lethal concentration which falls within
any of the following categories.
1. A chemical or substance that has a median
lethal dose (LD50) of 50 milligrams or less per
kilograms of body weight when administered
orally to albino rats weighing between 200 and
300 grams each.
2. A chemical or substance that has a median
lethal dosage of more than 200 milligrams or
less per kilogram of body weight when
administered by continuous contact for 24
hours, or less if death occurs within 24 hours,
with bare skin of albino rabbits weighing
between two and three kilograms each.
3. A chemical or substance that has a median
lethal concentration (LC50) in air of 200 parts
per million by volume of gas or vapor, or two
milligrams per liter or less of mist, fume or dust,
when administered by continuous inhalation for
one hour, or less if death occurs within one
hour, to albino rats weighing between 200 and
300 grams each.
Mixtures of these materials with ordinary
materials, such as water, might not warrant
classification as highly toxic. While this system
is basically simple in application, any hazard
evaluation which is required for the precise
categorization of this type of material shall be
performed by experienced, technically competent
persons.
Oxidizer: A chemical other than a blasting agent
or explosive that initiates or promotes
combustion in other materials, thereby causing
fire either of itself or through the release of
oxygen or other gases.
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
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Class 1: An oxidizer whose primary hazard is a
slight increase in the burning rate but which
does not cause spontaneous ignition when the
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126 780 CMR - Sixth Edition 1/19/01
oxidizer comes in contact with combustible
materials.
Class 2: An oxidizer that will cause a moderate
increase in the burning rate or that is capable of
causing spontaneous ignition of combustible
materials with which the oxidizer comes in
contact.
Class 3: An oxidizer that will cause a severe
increase in the burning rate of combustible
materials with which the oxidizer comes in
contact or that will undergo vigorous self-
sustained decomposition due to contamination
or exposure to heat.
Class 4: An oxidizer that is capable of an
explosive reaction due to contamination or expo-
sure to thermal or physical shock. Additionally,
the oxidizer will enhance the burning rate and is
capable of causing spontaneous ignition of
combustibles. [Source: BOCA]
Rack Storage: Combination of vertical, horizontal
and diagonal members that support stored
materials in fixed or portable racks.
Shelf Storage: Storage on structures less than 30
in. (76.2 cm) deep with shelves usually two ft
(0.6 m) apart vertically and separated by
approximately 30 in. (76.2 cm) aisles.
Toxics: A material which produces a lethal dose or
lethal concentration within any of the following
categories:
1. A chemical or substance that has a median
lethal dose (LD50) of more than 50 milligrams
per kilograms but not more than 500 milligrams
per kilograms of body weight when administered
orally to albino rats weighing between 200 and
300 grams each.
2. A chemical or substance that has a median
lethal dosage of more than 200 milligrams per
kilogram but not more than 1,000 milligrams per
kilogram of body weight when administered by
continuous contact for 24 hours , or less if death
occurs within 24 hours, with bare skin of albino
rabbits weighing between 2 and 3 kilograms
each.
3. A chemical or substance that has a median
lethal concentration (LC50) in air more than
200 parts per million but not more than 2,000
parts per million by volume of gas or vapor, or
more than two milligrams per liter but not more
than 20 milligrams per liter of mist, fume or
dust, when administered by continuous
inhalation for one hour, or less if death occurs
within one hour, to albino rats weighing between
200 and 300 grams each.
Unstable (Reactive): A chemical which in the pure
state, or as produced or transported, will
vigorously polymerize, decompose, condense or
become self-reactive under conditions of shock,
pressure or temperature.
Water Reactive Material: Material which explodes;
violently reacts; produces flammable, toxic or
other hazardous gases; or evolves enough heat
to cause self-ignition or ignition of nearby
combus-tibles upon exposure to water or
moisture.
426.3 Commodity Classification: Commodities in
storage and display shall be classified in
accordance with the following NFPA Standards as
listed in Appendix A.
13: Installation of Sprinkler Systems
30: Flammable and Combustible Liquids Code
30B: Aerosol Products, Manufacture and
Storage
231: General Storage
231C: Rack Storage of Materials
231D: Storage of Rubber Tire
430: Storage of Liquid and Solid Oxidizers
426.4 Fire Protection Requirements: Fire
protection requirements shall be in accordance
with Table 426.4.
Table 426.4.
FIRE PROTECTION REQUIREMENTS
Fire Protection Requirements
Commodity
Class1
Size of High-
Piled Display
Area2 (sq ft)
x 0.0929 for m2
Fire Suppression
System
(780 CMR 426.5)
Fire
Alarm/Notification
(780 CMR 426.14)
Fire Department
Access Doors
(780 CMR 426.8)
Hose Connections
(780 CMR 426.7)
Manual Smoke
and Heat Vents
(780 CMR 426.16
0 - 2,500
NR
NR
NR
NR
NR
2,501 - 12,000
Yes
NR
NR
NR
NR
I-IV
over 12,000
Yes
Yes
Yes
Yes
Yes
0 - 500
NR
NR
NR
NR
NR
501 - 2,500
Yes
NR
NR
NR
NR
2,501 - 12,000
Yes
NR
Yes
Yes
NR
High
Hazard
over 12,000
Yes
Yes
Yes
Yes
Yes
NR = Not required.
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
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1. For commodity classifications definitions, see 426.3.
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
128 780 CMR - Sixth Edition 1/19/01
2. Areas that are separated by 60 ft of display area with such areas not used for high piled storage, or that are
separated with a one-hour fireresistance-rated separation barrier, can be considered as separated high piled areas.
3. If the building is required to be sprinklered under 780 CMR, then the sprinkler system protecting the high piled
storage area and 15 ft beyond shall be designed in accordance with the appropriate NFPA Standard(s).
426.5 Fire Suppression Systems: Fire sprinkler
design and installation shall be provided in
accordance with the applicable requirements set
forth by NFPA 13, 30, 30B, 231, 231C, 231D, 430,
as listed in Appendix A, or other nationally
recognized codes and standards, or tests conducted
in test laboratories as defined in 527 CMR 49.03,
Appendix C as listed in Appendix A.
426.6 Storage Arrangement: Storage arrangements
for fire protection purposes shall comply with
requirements set forth by NFPA 13, 30, 30B, 231,
231C, 231D, 430, as listed in Appendix A, or other
nationally recognized codes and standards, or tests
conducted in test laboratories as defined in 527
CMR 49.03, Appendix C, as listed in Appendix A.
426.7 Hose Connections: A Class I automatic,
wet-standpipe system shall be provided in
accordance with NFPA 14. Hose connections shall
be located around the interior perimeter of the
building within five ft of all required fire
department access doors, adjacent to the latch side
of the door. Hose connections shall be installed to
accommodate 200 ft of travel distance to any point
in the building. Where the most remote portion of
the building exceeds 200 ft of travel distance from
the required access doors, additional hose
connections shall be provided in locations
approved by the head of the fire department. Hose
connections shall be readily accessible and marked
for fire department use only. When approved by
the head of the fire department, the following
exceptions shall be permitted.
Exception 1: Hose connections may be omitted
when the following fire department building
access and fire hydrant coverage is provided:
minimum 18 ft wide, unobstructed access
roadways located within 20 ft of the building on
at least three sides; minimum ten ft wide,
unobstructed access route between the access
roadway and the fire department access doors;
and, fire hydrants in locations approved by the
head of the fire department.
Exception 2: In lieu of a Class I standpipe
system, a Class II automatic, wet-standpipe
system in accordance with NFPA 14 shall be
permitted when the following fire department
building access and fire hydrant coverage is
provided: minimum 18 ft wide, unobstructed
access roadways located within 50 ft of the
building on at least three sides; minimum ten ft
wide, unobstructed access route between the
access roadway and the fire department access
doors; and, fire hydrants in locations approved
by the head of the fire department. The hose
connections shall be located as described above
for the Class I standpipe system. Occupant hose
shall not be required, and the hose connections
shall be marked for fire department use only.
426.8 Fire Department Access Door: Fire depart-
ment access doors shall be provided for fire depart-
ment emergency access. Access doors shall be:
1. located adjacent to fire department access
roadways,
2. provided with an approved exterior fire
department accessible key cylinder operable lock
device,
3. provided with approved fire department
identification signs, and
4. provided such that all points of the floor
area are accessible within 200 feet of travel
distance.
Fire department access doors may be used as
occupant egress doors.
426.9 Fire Department Access Roadways: Fire
department access roadways shall be provided on at
least two sides of the building with such access to
be approved by the head of the fire department
prior to any construction. Fire hydrants shall be
provided in locations approved by the head of the
fire department.
426.10 Means of Egress: Means of egress shall be
in accordance with the requirements set forth in
780 CMR 10 for Use Group M, Mercantile unless
otherwise modified herein:
Exception: Exit access travel distance shall be
limited to 200 feet.
If the only means of customer entrance is through
one exterior wall of the building, two thirds of the
required egress width shall be located in this wall.
At least one half of the required exits shall be
located so as to be reached without passing through
checkout stands. In no case shall checkout stands
or associated railings or barriers obstruct exits,
required aisles, or approaches thereto.
426.11 Flammable/Combustible Liquids: The
display, storage, protection, and maximum
allowable quantities of flammable and combustible
liquids permitted in mercantile display areas shall
be in accordance with NFPA 30, as listed in
Appendix A.
426.12 Aerosols: The display, storage, protection,
and maximum allowable quantities of aerosols
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
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permitted in mercantile occupancies shall be in
accordance with of NFPA 30B.
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
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130 780 CMR - Sixth Edition 1/19/01
Table 426.13.
DENSITY FACTOR FOR HAZARDOUS MATERIALS EXEMPTION CALCULATIONS.
Material
Class
Solids pounds1
(cubic feet)
Liquid gallons1
(pounds)
Gas cubic feet1
x 0.4536 for kg
(x 28.32 for liters)
x 3.78 for liters
(x 0.4536 for kg)
x 28.32 for liters
Oxidizers
4
3
2
1
Not permitted
0.75
1.5
12
Not Permitted
(0.75)
(1.5)
(12)
Not Permitted
112.5
9
4.5
Unstable (reactive)
4
3
2
1
Not Permitted
0.375
0.3
Unlimited
Not Permitted
(0.375)
(0.3)
Unlimited
Not Permitted
3.75
1.5
2.25
Toxics
All
0.65
(0.65)
1.053
Corrosives
All
6.5
0.65
1.053
Highly Toxic
All
0.0013
(0.0013)
0.026
Water Reactive
3
2
1
0.375
0.3
0.375
(0.0375)
(0.3)
(0.375)
Not Applicable
1. Quantities may be increased by 100% in sprinklered buildings
426.13 Non-flammable and non-combustible haz-
ardous materials: Non-flammable and non-com-
bustible hazardous materials such as: Oxidizers,
Unstable Materials, Toxics, Highly Toxics,
Corrosives, and Water Reactives shall meet the
following requirements:
Q = F x A
where:
Q = the maximum quantity in a single control
area for mercantile display.
F = the density factor as indicated in Table
426.13.
A = the area occupied for mercantile display.
For computation purposes, the area shall not
exceed 1,500 square feet (139.39 m2) per control
area.
426.14 Fire Alarm or Notification Systems: Either
a fire alarm system or emergency notification
system, as described below and approved by the
head of the fire department, shall be provided:
1. Fire Alarm System: The fire alarm system
shall include the following:
a. A fire alarm system required for life safety
shall be installed, tested, and maintained in
accordance with applicable requirements of
NFPA 70 and 72, as listed in Appendix A.
b. All systems and components shall be
approved for the purpose for which installed,
and all installation wiring or other transmis-
sion paths shall be monitored for integrity in
accordance with NFPA 72, as listed in
Appendix A.
c. Manual fire alarm stations shall be pro-
vided in the natural path of escape near each
required exit from an area. Each manual fire
alarm station shall be accessible, unobstruc-
ted, visible, and of the same general type.
d. Notification signals for occupants to
evacuate shall be by audible and visible
signals in accordance with NFPA 72 and
CABO/ANSI A117.1, as listed in Appendix A.
The general evacuation alarm signal shall
operate throughout the entire building.
e. The fire alarm system shall be arranged to
transmit the alarm automatically via any of
the following means acceptable to head of the
fire department and in accordance with
NFPA 72:
i. Auxiliary Alarm System
ii. Central Station Connection
iii. Proprietary System, or
iv. Remote Station Connection.
f. The fire alarm control panel location shall
be located in an area acceptable to the head
of the fire department. Where required, a re-
mote annunciator shall be located in an area
acceptable to the head of the fire department.
g. Other control systems intended to make
the protected premises safer for building
occupants including, but not limited to, duct
smoke detectors, fire/smoke dampers, smoke
management systems, fire door controls, shall
be installed and monitored for integrity in
accordance with NFPA 72, as listed in
Appendix A, and a distinctive supervisory
signal shall be provided to indicate a
condition that would impair the satisfactory
operation of the equipment.
h. Supervisory attachments including, but
not limited to, control valves, fire pump
running conditions, float valves, shall be
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
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installed and monitored for integrity in
accordance with NFPA 72 as lisetd in
Appendix A, and a distinctive supervisory
signal shall be provided to indicate a
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THE MASSACHUSETTS STATE BUILDING CODE
132 780 CMR - Sixth Edition 1/19/01
condition that would impair the satisfactory
operation of the equipment.
i. All building HVAC fans shall be arranged
to automatically shut down on any general
alarm condition. Duct smoke detectors shall
not be required.
j. Waterflow initiating devices shall be
arranged to initiate an alarm condition within
one minute of being activated. In addition,
provisions shall be made to control and
prevent false alarms due to water surges.
2. Emergency Notification System: During a
fire emergency, the emergency notification
system shall sound an audible alarm in a
continuously attended location for the purpose
of initiating the evacuation plan required under
780 CMR 426.15.
426.15 Evacuation Planning and Training: An
evacuation plan shall be submitted at the time of
application for a building permit as part of the
required documentation pursuant to 780 CMR 1.
The Certificate of Use and Occupancy shall not be
issued until the evacuation plan has been reviewed
and approved by the head of the fire department.
Any changes to the evacuation plan shall not be
effected until a revised plan has been submitted to
and approved by the head of the fire department.
The evacuation plan shall detail procedures, define
roles and responsibilities of employees, and shall
include an egress plan indicating routes of travel to
all exits. The evacuation plan shall be used to
ensure the safe evacuation of all customers and
employees. All employees shall be instructed and
periodically trained with respect to their duties, as
required by 527 CMR 10.25, as listed in
Appendix A.
426.16 Smoke and Heat Venting: Adequate
methods of manual heat and smoke venting shall
be provided. The method of operation, vent area,
spacing layout, construction of vents and curtain
boards or other acceptable means of addressing
methods of heat and smoke venting shall be
determined by an engineering evaluation and
analysis. The analysis shall be reviewed and
approved by the head of the fire department and
shall contain sufficient detail to evaluate the
hazard and effectiveness of the venting system.
780 CMR 427.0 LIMITED GROUP
RESIDENCE
427.1 General: A building licensed by or operated
by the Department of Mental Health or the Office
for Children, Commonwealth of Massachusetts as
a limited group residence: this is a special
residence to include residents not capable
self-preservation.
427.1.1 Scope: A limited group residence shall
have a maximum of 12 residents who are at least
four years of age. Not more than four of the
residents shall be impaired; provided, however,
that more than four such residents may be
impaired if the structure complies with 780 CMR
427.2. A limited group residence shall be
classified in the R-5 use category for code
purposes.
427.1.1.1 Department of Mental Retardation
(DMR) Group Homes: 780 CMR 427.0 shall
not apply to premises operated or licensed by
the Department of Mental Retardation (DMR)
pursuant to 115 CMR 7.00 and 8.00, upon the
completion of a DMR safety assessment for
each individual and an approved safety plan
for each location where services and supports
are provided. Such premises shall be treated
as conventional R-4, R-3, R-2 and R-1 use as
applicable.
427.1.2 Definitions: The following terms shall
have the meaning indicated for the purpose of
780 CMR 427.0:
Existing building or structure: Any completed
building or structure which has been legally
occupied and/or legally used for a period of at
least five years. Structures which fail to
qualify with this definition shall comply with
780 CMR 427.2.
Resident: A client in need of care who resides in
the limited group residence of the licensing or
operation agency. Staff are not considered as
residents under the provisions of 780 CMR
427.0. The licensing agency shall classify all
residents in one of the following three
categories:
Impaired: All residents not capable of
self-preservation through physical, mental
and/or developmental disability and requiring
physical assistance to exit the building. All
residents under seven years of age shall be
classified as impaired.
Partially impaired: All residents physically,
mentally and/or developmentally disabled but
capable of exiting the limited group residence
with either supervision and/or instruction
without any physical assistance.
Unimpaired: All residents capable of exiting
the building without physical assistance
and/or supervision or instruction by staff
personnel and capable of negotiating any
exitway of the limited group residence.
427.1.3 Application of building code and
reference: Except as may otherwise be
specifically provided for in 780 CMR 427.0, the
Massachusetts State Building Code shall apply
in its entirety.
Exception: Chapter 34 shall not apply.
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427.1.4 Mixed use occupancy: A limited group
residence shall not be housed in a building used
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
134 780 CMR - Sixth Edition 1/19/01
for any occupancy other than a limited group
residence.
Exception: Dwelling unit(s) meeting the
requirements of 780 CMR 427.0 may be
incorporated within a building in residential
use provided unit separation walls and
floor-ceiling assemblies shall serve to
completely separate the limited group
residence and provided that one of the limited
group residence exitways is separate from the
other uses.
427.1.5 Plans and specifications: Plans shall be
filed with the building official having
jurisdiction in accordance with 780 CMR 110.0
for any building to be constructed as, or altered
for use as, a limited group residence under
780 CMR 427.0.
427.1.6 Temporary certificate of occupancy:
Upon satisfactory compliance with the code
sections pertaining to building requirements, the
building official shall issue a temporary
certificate of occupancy in accordance with
780 CMR 120.3 for a period not to exceed 90
days. This temporary certificate of occupancy
specifically prohibits residents as defined in
780 CMR 427.1.2 from inhabiting the building
overnight until the building official issues the
certificate of occupancy under 780 CMR 427.1.8.
427.1.7 Rules and regulations of the licensing or
operating agency pertaining to and including,
but not limited to, smoking regulations, staffing
ratios, and resident classifications shall be
provided to the building official by the licensing
or operating agency prior to the issuance of a
certificate of occupancy.
427.1.8 Certificate of occupancy: Certificates of
occupancy shall only be issued when a license, if
appropriate, and an affidavit from the
Department of Mental Health or the Office for
Children, Commonwealth of Massachusetts,
have been accepted by the building official
attesting to the satisfactory compliance with the
applicable rules and regulations referenced in
780 CMR 427.1.7.
427.1.9 Certificate of inspection: Certificates of
inspection shall be issued by the building official
in accordance with 780 CMR 106.0 and Table
106.
427.1.10 Failure to comply: The building official
immediately upon being informed by written
report or otherwise that a building or structure
or anything attached thereto or connected
therewith is being occupied in violation of
780 CMR may revoke or suspend any permit,
license, certificate or other permission regulated
by 780 CMR and granted by him, and no such
building or structure shall be continued to be
operated after such revocation or suspension.
Such revocation or suspension shall not
preclude the building official from instituting
appropriate action in accordance with 780 CMR
118.0.
427.2 New structures: All new structures shall be
constructed, equipped, and maintained to the
requirements of the One- and Two-Family
Dwelling Code and 780 CMR 427.0, shall be
limited to two stories in height, and shall have
dwelling unit(s) limited to one story in height with
direct access to grade without steps or changes in
elevation other than ramps in accordance with
780 CMR 11. Corridors shall be of one hour fire
resistive construction.
427.2.1 Other requirements: New structures
shall also satisfy the general requirements
contained in 780 CMR 427.1 and 427.3.
427.3 Existing structures: Existing structures of
any construction up to three stories or 40 feet in
height may be converted and used for limited group
residence occupancies. All residents classified as
impaired as defined in 780 CMR 427.1.2 are
restricted to those stories having direct access to
grade without steps or changes in elevation other
than ramps in accordance with 780 CMR 11.
427.3.1 Third-story utilization: The third story of
buildings permitted by 780 CMR 427.3 may be
only occupied by staff. Other use of the third
story is restricted to heating, ventilation units
and ordinary storage. All doors leading to non-
resident areas shall be maintained locked.
427.3.2 Vertical openings: Openings to such
spaces as laundry chutes, dumb-waiters, heating
plenums or combustible concealed spaces shall
be permanently blocked with one hour
fireresistance-rated construction, in accordance
with the provisions of 780 CMR 7, unless such
installation is in compliance with the pertinent
provisions of other sections of 780 CMR.
427.3.2.1 Firestopping and draftstopping:
Firestopping and draftstopping shall be
provided in accordance with 780 CMR 720.0
and the One- and Two-Family Dwelling Code
or as approved by the building official.
427.3.3 Exitway Details:
427.3.3.1 Corridor width: The minimum clear
width of an exitway access corridor shall be
three feet.
Exception: In new structures the minimum
clear width shall be four feet.
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
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427.3.3.2 Dead ends: In no case shall dead
end corridors exceed 30 feet. Existing dead
end corridors, wherever possible, shall be
altered so that exitways shall be accessible in
at least two different directions from all points
in corridors.
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
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136 780 CMR - Sixth Edition 1/19/01
427.3.3.3 Corridor walls: Corridor walls that
separate use areas from exitway access
corridors shall be of construction that will
resist the passage of smoke.
Exception: Existing openings to
congregate living areas, other than
kitchens, shall be allowed to remain open.
427.3.3.4 Sleeping room doors: All sleeping
room doors shall be of construction that will
resist the passage of smoke. All doors shall be
equipped with approved positive latching
hardware and approved self-closing devices.
Exceptions:
1. Sleeping room doors may be equipped
with approved hold-open smoke activated
devices in accordance with 780 CMR
1017.0.
2. Hollow core doors shall not be
permitted.
427.3.3.5 Means of Egress: All habitable
floors shall be provided with at least two
means of egress, located as remote as
practicable from one another. Exitways shall
be located to provide a safe path of travel to a
public way without traversing any corridor or
space exposed to an unprotected open
stairway.
Exceptions:
1. Open stairs may be used as one of the
required means of egress when permitted
by 780 CMR 427.3.3.6, Exception 3.
However, in no case may both required
means of egress traverse the unprotected
open space.
2. Access to one of the required exitways
on sleeping room floors may be through
adjoining rooms.
427.3.3.6 Interior exitway stairs: Every story
shall be provide with at least one enclosed
interior stairway which discharge directly to
grade or through a grade passageway to a
public way. The enclosed interior stairway(s)
shall be of construction having a minimum
fireresistance rating of one hour, properly
firestopped. Spaces below the stairway(s)
shall be enclosed to maintain the integrity of
the one hour fireresistive construction of the
stairway enclosure. Stairway(s) openings
shall be protected by at least Class "B" label
one hour fire door assemblies.
New stair construction shall comply with
780 CMR 1014.0. Existing stairs shall
comply with the One- and Two-Family
Dwelling Code or as approved by the building
official.
Exceptions:
1. Secondary stairs not considered an
exitway component may have door
openings protected by a minimum 1_ inch
solid bonded wood core doors or
equivalent; however, such doors shall be
equipped with approved automatic positive
latching hardware and approved
self-closing devices.
2. Basement/cellar: Stairway(s) shall be
separated from the first floor by a 20
minute fire rated, self-closing door or
equivalent.
3. One stairway may be allowed to remain
unenclosed to preserve functional and
aesthetic requirements.
427.3.3.7 Door widths: No single egress door
in a doorway shall be less than 28 inches
wide.
Exceptions:
1. Exitway door leaves shall not be less
than 34 inches wide.
2. Door leaves to resident bedrooms
occupied by residents who are classified as
"Impaired" shall not be less than 34
inches wide.
427.3.3.8 Basement/cellar: Basements/cellars
shall be provided with at least two acceptable
exitways, one of which shall discharge
directly to the outside of the building.
Exception: Basement/Cellar areas with
only one existing entrance from the outside
only, and used solely as a mechanical
space shall be permitted to maintain only
one doorway which shall be maintained
locked as an entrance/exitway.
427.3.3.9 Emergency escape: All sleeping
rooms shall have at least one openable
window or exterior door to permit smoke
control, emergency escape, or rescue. A
required door or window must be openable
from the inside without the use of separate
tools, and shall comply with 780 CMR 1010.4.
427.3.3.10 Means of egress lighting: Means
of egress lighting systems shall be provided in
accordance with 780 CMR 1024.0.
427.3.3.11 Locks: Locks installed in resident
sleeping room doors shall be so arranged that
they can be locked from the corridor side. All
such locks shall be arranged to permit exit
from the room by a simple operation without
the use of a key. Double cylinder dead bolts
requiring key operation on both sides are
prohibited throughout this occupancy.
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427.3.4 Interior finish: The flame spread of
interior finish shall be limited to Class II in
exitways or exit access corridors. Rooms shall
be permitted to have interior finish of a Class III
flame spread. Floor coverings shall conform to
the requirements of 780 CMR 805.0 except that
carpet type floor coverings shall possess a
critical radiant flux of 0.22 w/cm2 or greater.
427.3.5 Fire suppression systems: Automatic fire
suppression systems shall be provided and
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
138 780 CMR - Sixth Edition 1/19/01
installed in accordance with NFiPA Standard
No. 13D.
Additions:
1. Exceptions listed in NFiPA Standard No.
13D applicable to dwellings shall not apply.
2. A water flow detector, connected to the
fire alarm system, shall be provided.
3. NFiPA Standard No. 13D, Sections 4
through 6; Exception 1 shall not apply.
4. The control valve(s) shall be secured in
the open position.
427.3.6 Fire alarm system: A manual fire alarm
system shall be provided and installed in
accordance with 780 CMR 917.0 and specifically
NFiPA Standard No. 72 as listed in Appendix A.
427.3.7 Automatic protection alarm system:
Approved smoke detectors shall be installed in
accordance with 780 CMR 918.0 and specifically
NFiPA Standard No. 72 as listed in Appendix A
in the following locations:
1. exitway access corridors not more than 30
feet on center;
2. congregate living areas other than
kitchens;
3. at least one detector in all basement/cellar
areas; and
4. all sleeping rooms.
Exception: Smoke detectors used in
combination with automatic closing
devices may be substituted in each area
aforementioned for the protection herein
required.
427.3.8 Supervision: All automatic and manual
fire alarm systems shall be supervised in
accordance with 780 CMR 923.1 or 923.2
427.3.9 Heating devices: Portable comfort
heating devices and solid fuel burning
appliances are prohibited. Any heating device,
other than a central heating plant, shall be so
designed and installed that combustible material
will not be ignited by it or its appurtenances. If
fuel-fired, such heating devices shall be chimney
or vent connected, shall take air for combustion
directly from the outside, and shall be so
designed and installed to provide for complete
separation at the combustion system from the
atmosphere of the occupied area. The heating
system shall have safety devices to immediately
stop the flow of fuel and shut down the
equipment in case of either excessive
temperature or ignition failure.
Exceptions:
1. Approved suspended unit heaters may be
used in locations other than means of egress
and sleeping areas, provided such heaters are
located high enough to be out of the reach of
persons using the area and provided they are
equipped with the safety devices specified in
780 CMR 427.3.9.
2. Fireplaces which comply with 780 CMR
2114.0 may be used only in areas other than
resident sleeping rooms. The fireplaces shall
be equipped with a heat tempered glass
fireplace enclosure guaranteed against
breakage up to a temperature of 650°F. A
lock on the enclosure shall be required.
427.3.10 Fire drills: The licensing or operating
agency shall require that fire drills be held with
sufficient frequency so as to familiarize all
residents and staff personnel with emergency
procedures. Drills shall be held at unexpected
times under varying conditions to simulate the
unpredictable conditions which may occur in
case of fire, including blocking of any point of
any means or egress.
427.3.10.1 Log: A log shall be kept of all fire
drills and shall be available for inspection
and duplication by the building official, fire
official, and other parties having jurisdiction.
427.3.10.2 The resident manager shall record
in said log the names of any authorized
inspectors who may have been present and
the names or identifying numbers of the
residents who participated.
780 CMR 428.0 DETOXIFICATION
FACILITIES
428.1 General: A detoxification facility is a facility
licensed or operated by the Department of Public
Health, Division of Alcoholism in accordance with
the Rules and Regulations for Detoxification
Facilities issued by the Department of Public
Health, Division of Alcoholism, Commonwealth of
Massachusetts, and shall be used to treat
individuals acceptable to the program in
accordance with those Rules and Regulations.
428.2 Scope: Detoxification facilities shall be
subject to the requirements of 780 CMR 428.0 for
new and existing buildings which are to be used or
operated as licensed facilities. 780 CMR 428.0
shall establish the requirements applicable to such
facilities. Where specific reference is made to
other sections of 780 CMR, to reference standards
or other regulations, those requirements cited shall
apply. Where no reference is specifically made,
780 CMR, including 780 CMR 34, shall apply.
428.3 Classification of Residents: All residents
enrolled in the detoxification program shall be
identified according to one of the following
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
SPECIAL USE AND OCCUPANCY
11/27/98 780 CMR - Sixth Edition 139
classifications when evaluated by the facility
personnel in accordance with the Rules and
Regulations for Detoxification Facilities of the
Division of Alcoholism of the Department of Public
Health:
1. Impaired
2. Partially Impaired
3. Unimpaired
428.4 Definitions: The following terms shall have
the meaning indicated for the purpose of 780 CMR
428.0 only:
Impaired: Anyone who will require assistance to
egress the building
Partially Impaired: Anyone who may require
assistance to egress the building.
Unimpaired: Anyone who appears able to egress
the building without assistance.
428.5 Use group classification: Detoxification
facilities licensed and approved in accordance with
these provisions shall be classified in the R-1 use
group.
428.6 Mixed use occupancy: A portion of a
building may be used for a detoxification facility
provided that it is completely separated from the
rest of the building by both horizontal and vertical
fire separation assemblies of at least one hour
fireresistance rating.
Exception: Detoxification facilities shall not be
located in buildings in which any of the
following use groups are located: A-2, F, H, or
S-1.
428.7 Submission of plans: Plans shall be filed
with the building official in accordance with
780 CMR 110.0 for any building to be constructed
as, or altered for use as, a detoxification facility
under 780 CMR 428.0. The plans shall also
identify those rooms which comply with 780 CMR
428.0 for use by the impaired.
428.8 Inspection and certification: The building
official shall inspect and certify detoxification
facilities once every two years. Fees shall be
applied in accordance with Table 106 for the R-1
Use Group.
428.9 Resident location limitations: In buildings
used as detoxification facilities in accordance with
780 CMR 428.0, resident locations shall be limited
according to the use and type of construction as
provided in Table 428.9. All heights are in stories
above grade. All buildings used as detoxification
facilities in accordance with 780 CMR 428.0 shall
be accessible to the Fire Department wherever
escape windows are required.
Table 428.9
RESIDENT SLEEPING ROOM LOCATION
LIMITATION FOR DIFFERENT TYPES OF
CONSTRUCTION
Classification
of Resident
Type of Building Construction
1A
1B
2A
2B
2C
3A
3B
4
5A
5B
Impaired
No
limit
8 st.
4
st.
2
st.
1
st.
2
st.
1
st.
2
st.
1
st.
1
st.
Partially
impaired
No
limit
No
limit
8
st.
3
st.
1
st.
3
st.
2
st.
3
st.
2
st.
1
st.
Unimpaired
No
limit
No
limit
9
st.
4
st.
3
st.
4
st.
3
st.
4
st.
3
st.
2
st.
Note: * Impaired sleeping rooms in 5B
construction require either full building
sprinklering or one hour fire rated separation for
floor and ceiling of sleeping room walls.
428.9.1 Sprinklered buildings: Buildings which
are completely sprinklered may have resident
locations one story higher than allowed in Table
428.9.
428.9.2 Sleeping room limitations: Sleeping
facilities in building licensed for use as
detoxification facilities shall not be located
below the first story.
428.10 Egress: At least two exitways located as
remote as practicable from each other shall be
provided from each floor of the building.
428.10.1 Every room used for sleeping for the
impaired and partially impaired shall have an
exitway access door leading directly to an
exitway access corridor:
Exceptions:
1. Rooms having a means of egress doorway
leading directly to the exterior of the building
at grade.
2. Rooms having a means of egress doorway
leading directly to the exterior of the building
above grade and connected directly to grade
by means of an exterior stairway in
accordance with 780 CMR 1014.0.
428.10.2 All other sleeping rooms: All other
sleeping rooms shall comply with the
requirements of 780 CMR 10 in accordance with
the provisions for the R-1 use group.
428.10.3 Corridors shall provide at least 36
inches minimum nominal width.
428.10.4 All means of egress doorways shall be
32 inches minimum nominal width.
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
140 780 CMR - Sixth Edition 1/19/01
Exception: Egress doorways from impaired
sleeping rooms shall 36 inches minimum
nominal width.
428.10.5 Every required exitway access corridor
shall have a one hour fire-resistance rating and
shall provide access to at least two approve
exitways without passing through any
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intervening rooms or spaces other than corridors
and lobbies.
Exception: In buildings with a complete
sprinkler system, exitway access corridors not
required for the impaired or partially
impaired may be separated from other use
areas by non-fire rated partitions
428.10.6 Stairways: Where not otherwise
specified in 780 CMR 428.2, a stairway required
as a means of egress shall be subject to these
requirements:
428.10.6.1 Stairways required to provide
egress for the impaired shall be at least 36
inches minimum nominal width. The total
capacity of the stairways shall be adequate for
the occupancy load served.
428.10.6.2 Stairway enclosures shall have a
fireresistance rating of one hour for buildings
not exceeding three stories in height, and two
hours for buildings exceeding three stories in
height.
428.10.6.3 Doors to the required exitway
stairways shall be fire doors complying with
780 CMR 716.0 . Labeled fire doors shall
have a maximum transmitted temperature end
point of not more than 450°F (232°C) above
ambient at the end of 30 minutes of standard
fire test exposure.
428.11 Interior finish: Interior finish requirements
shall comply with Table 428.11.
Exceptions:
1. In buildings which are completely
sprinklered, the interior finish requirements may
be reduced one level except in sleeping rooms for
the impaired.
2. The interior finish classifications in existing
buildings may be improved one level by the use
of fire retardant coatings which have been
approved when tested in accordance with ASTM
E-84.
TABLE 428.11
INTERIOR FINISH REQUIREMENTS
Location
Walls
Floor
Ceiling
Sleeping rooms, Impaired
II
II2
II
Corridors, Impaired
I
I1
I
Sleeping rooms, Partially
impaired
I
I1
I
Corridors, Partially impaired
I
I1
I
All other exitway access
corridors
II
II2
II
Stairways
I
I1
I
Note 1: Carpet type floor coverings shall
withstand a test exposure of 0.45 watts per
square centimeter when tested in accordance
with 780 CMR 805.0.
Note 2: Carpet type floor coverings shall
withstand a test exposure of 0.22 watts per
square centimeter when tested in accordance
with 780 CMR 805.0.
428.12 Fire alarm systems: Manual and automatic
fire alarm systems shall be provided in accordance
with 780 CMR 917.0 and 918.0 as they apply to
Use Group R-1.
Exceptions:
1. In rooms for the impaired and partially
impaired the heat detectors required by
780 CMR 918.0 shall be replaced with approved
smoke detectors.
2. All buildings or portions thereof regardless
of the number of beds shall incorporate manual
pull stations in conformance with 780 CMR
917.0.
428.12.1 Supervision: All automatic and
manual fire alarm systems shall be supervised in
accordance with 780 CMR 923.1 or 923.2.
428.13 Means of egress lighting: Means of egress
lighting including an emergency lighting system
shall be provided throughout the facility in
accordance with 780 CMR 917.0.
428.14 Smoke enclosure doors: Smoke enclosure
doors shall be tight-fitting with approved hardware.
428.15 Heating apparatus: The use of portable
heaters, solid fuel burning room heaters and
fireplaces shall be prohibited.
428.16 Sprinkler systems: Where a complete
building sprinkler system is installed it shall
comply with the provisions of NFiPA Standard
No. 13, as listed in Appendix A.
428.16.1 All rooms used for sleeping for the
impaired shall be sprinklered.
Exception: A partial system required for
sleeping rooms housing impaired individuals
may be provided with a sprinkler system
serving no more than six sprinklers, which
may be connected directly to a domestic water
supply system having capacity sufficient to
provide 0.15 gallons per minute per square
foot of floor area throughout the entire area,
An indicating shut-off valve shall be installed
in an accessible location between the
sprinklers and the connection the domestic
water supply.
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THE MASSACHUSETTS STATE BUILDING CODE
142 780 CMR - Sixth Edition 1/19/01
780 CMR429.0 GROUP DWELLING UNITS
429.1 General: A Group Dwelling Unit is a
dwelling unit licensed by or operated by the
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SPECIAL USE AND OCCUPANCY
11/27/98 780 CMR - Sixth Edition 143
Department of Mental Retardation or the
Department of Mental Health as special residence
for up to four persons who may or may not be
capable of self preservation from fire or other
related hazards. Note, however, 780 CMR 429.1,
Exceptions 1 and 2. The provisions of 780 CMR
429.0 shall apply to both new and existing Group
Dwelling Units.
Exception 1: 780 CMR 429.0 shall not apply to a
group dwelling unit operated or licensed by the
Department of Mental Retardation (DMR)
pursuant to 115 CMR 7.00 and 8.00, upon the
completion of a DMR safety assessment for each
individual and an approved safety plan for each
location where services and supports are
provided. Such premise shall be treated as
conventional R-4, R-3, R-2 and R-1 use as
applicable.
Exception 2: Apartment programs as defined in
104 CMR 17.13(2)(c) in which residents therein
are also capable of self preservation (unimpaired)
shall be exempt from all requirements of
780 CMR 429.0. Such apartment programs shall
be classified as R-1, R-2, R-3, or R-4, as
applicable.
429.1.1 Classification of Use: Group Dwelling
Units shall be classified as follows:
Use Group R-2 - The Group Dwelling Unit(s)
is (are) one or more of three or more dwelling
units contained in the building.
Use Group R-3 or R-4 - The Group Dwelling
Unit(s) is (are) contained in a one or two
family dwelling.
429.1.2 Classification of Residents: Persons
other than staff of the facility who occupy or
intend to occupy Group Dwelling Units shall be
classified by the Licensing or Operating Agency
in one of the following three categories
according to their capabilities for self
preservation:
Impaired: Any resident who is incapable of
self preservation through physical, mental or
developmental disability, so as to require
physical assistance from the staff of the
Group Dwelling Unit to exit the building or to
reach an area of refuge within 2½ minutes.
Partially Impaired: Any resident who is
capable with either supervision or instruction
from the staff of the Group Dwelling Unit but
without physical assistance, of exiting the
building or reaching an area of refuge within
2½ minutes.
Unimpaired: Any resident who is capable of
exiting the building or reaching an area of
refuge within 2½ minutes without physical
assistance, supervision or instruction.
429.1.3 Application of building code and
reference: Except as may otherwise be
specifically provided in 780 CMR 429.0,
780 CMR shall apply in its entirety.
Exception: 780 CMR 34 shall not apply.
However, existing buildings may be used to
house group dwelling units, provided that
they comply with the applicable portions of
780 CMR 429.0, and have no outstanding
violations of 780 CMR or the specialized
codes.
429.1.4 Plans and specifications: Plans shall be
filed with the building official having
jurisdiction in accordance with 780 CMR 110.0
for any building to be constructed as, or altered
for use as a Group Dwelling Unit under
780 CMR 429.0.
429.1.5 Temporary Certificate of Occupancy:
Upon satisfactory compliance with the code
sections pertaining to building requirements, the
building official shall issue a temporary
certificate of occupancy in accordance with
780 CMR 120.3 for a period not to exceed 90
days. This temporary certificate of occupancy
specifically prohibits residents as defined in
780 CMR 429.1.2 from inhabiting the building
overnight until the building official issues the
certificate of occupancy under 780 CMR 429.1.8.
429.1.6 Corresponding Rules and Regulations:
115 CMR (the Department of Mental
Retardation) or 104 CMR 17.13 (the Department
of Mental Health) as listed in Appendix A,
pertaining to and including, but not limited to,
smoking regulations, staffing ratios, and
resident classifications shall be provided upon
request to the building official by the Licensing
or Operating Agency prior to the issuance of a
certificate of occupancy. Note, however,
780 CMR 429.1, Exceptions 1 and 2.
429.1.7 Certification of Residents: The
Licensing Agency shall certify the classification
of each resident prior to application for a
Certificate of Occupancy and shall regularly
re-examine and, where necessary, reclassify
residents in accordance with Department of
Mental Retardation or Department of Mental
Health regulations as listed in Appendix A.
Copies of the current certification of each
resident shall be kept on file at the Group
Dwelling Unit, and shall be made available to
the building official upon request. Note,
however, 780 CMR 429.1, Exceptions 1 and 2.
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144 780 CMR - Sixth Edition 1/19/01
429.1.8 Certificate of Occupancy: Certificates of
occupancy shall be issued only when a license
and/or affidavit from the Department of Mental
Retardation or the Department of Mental Health
have been provided to the building official
attesting to the satisfactory compliance with the
applicable rules and regulations referenced in
780 CMR 429.1.6, the capabilities for self
preservation of all residents, and, if appropriate,
the intent to license the facility. Upon
compliance with all building requirements of
780 CMR 429.0 and receipt of the Licensing
Agency's affidavit, the building official shall
issue a certificate of occupancy within 72 hours.
In addition to the contents specified in
780 CMR 120.4, the certificate shall indicate the
category of Group Dwelling Unit for which the
building has been constructed or altered, as
defined in 780 CMR 429.2. Note, however,
780 CMR 429.1, Exceptions 1 and 2.
429.2 Category of Unit/Compliance Options: New
and existing building containing Group Dwelling
Units shall be required to satisfy at least one
compliance option presented for the appropriate
category of residency as defined in 780 CMR
429.2:
Category A Group Dwelling Unit - May contain
any or all of the resident classifications.
Category B Group Dwelling Unit - May contain
only partially impaired or unimpaired residents.
Category C Group Dwelling Unit - Shall contain
only unimpaired residents.
429.2.1 Category A Unit Compliance Options:
Buildings housing Group Dwelling Units classed
as "Category A" shall comply with any one of
the following compliance options:
1. The entire building shall be equipped with
a fire suppression system; or
2. The building shall be of a protected
construction type (Type 1, 2A, 2B, 3A, 4 or
5A). All interior stairways shall be enclosed
to comply with the requirements of 780 CMR
for interior exitway stairways and shall
discharge directly to the exterior of the
building or into a code complying grade
passageway or lobby. The building shall also
be equipped with fire alarms complying with
780 CMR 9 for the appropriate use group
classification; or
3. The Building shall comply with the
provisions of 780 CMR 427.0; or
4. If of unprotected construction (Types 2C,
3B or 5B), the building shall be equipped with
fire alarms complying with 780 CMR 9 for the
appropriate use group classification. No
Group Dwelling Unit(s) shall utilize portions
of the building above the second story. All
stories in the building shall be equipped with
two approved, independent exitways (even if
the building is classified in Use Group R-3).
Interior exitway stairways shall be enclosed to
comply with the requirements of 780 CMR for
interior exitway stairways and shall discharge
directly to the exterior of the building or into
a code complying grade passageway or lobby;
or
5. In those buildings of unprotected
constructed (Types 2C, 3B or 5B) where
enclosure of interior exitway stairways is
impractical due to physical limitations of
configuration of the building (e.g. split entry
type stairways), the stairway(s) may be
permitted to remain unenclosed, provided that
all sleeping rooms are segregated from the
open stairway by a minimum of one hour fire
resistive construction and the exitways are
arranged so that a second means of egress is
available from each sleeping area which does
not pass through the open stairway area. The
building shall also be equipped with fire
alarms complying with 780 CMR 9 for the
appropriate use group classification. No
Group Dwelling Unit shall utilize portions of
the building above the second story. All
stories in the building shall be equipped with
two approved, independent exitways (even if
the building is classified in Use Group R-3).
429.2.1.1 Limitation on location of
impaired residents: All sleeping rooms of
impaired residents shall either be located
on the first story or on a story containing a
horizontal exit complying with 780 CMR
1019.0.
429.2.2 Category B Unit Compliance Options:
Buildings housing Group Dwelling Units
classified as "Category B" shall comply with any
one of the following compliance options:
1. Any Category A compliance option; or
2. All stories in the building shall be
provided with two approved, independent
exitways (even if the building is classified in
Use Group R-3). All interior stairways shall
be enclosed to comply with the requirements
of 780 CMR for interior exitway stairways
and shall discharge directly to the exterior of
the building or into a code complying grade
passageway or lobby. The building also shall
be equipped with fire alarms complying with
780 CMR 9 for the appropriate use group
classification.
429.2.3 Category C Unit Compliance Options:
Buildings housing Group Dwelling Units
classified as "Category C" shall comply with any
one of the following compliance options:
1. Any Category A compliance option; or
2. Any Category B compliance option; or
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11/27/98 780 CMR - Sixth Edition 145
3. The building shall comply with the
provisions of 780 CMR 423.0.
429.3 Special Fire Safety Items:
429.3.1 Hazardous Contents: No contents which
represent a fire hazard greater than that which
could be expected of ordinary household
furnishings shall be permitted within a Group
Dwelling Unit.
429.3.2 Interior Finish: Interior finish in
exitways and exitway access corridors shall be a
minimum of Class II, unless the building is
equipped with a fire suppression system.
Approved fire retardant paints may be used to
improve the interior finish classification of
existing construction to satisfy this requirement.
429.3.3 Locks: Double cylinder deadbolt locks
which require a key operation on the side from
which egress is to be made are not permitted in
Group Dwelling Units. Locks of any type are
prohibited on sleeping room doors of impaired or
partially impaired residents or on any door which
provides access to an exitway.
429.4 Special inspection/fire drill: Prior to
occupancy of the group dwelling unit the Licensing
Agency shall conduct a fire drill to test the
capability of residents to exit according to their
residency classification. At least once every 90
days, the Operating Agency shall also conduct a
fire drill to test the capability of residents to exit
according to their residency classification. Drills
shall be held at unexpected times under varying
conditions to simulate the unpredictable nature of
fire emergencies. The building official may, at his
option, participate in or witness the fire drill, or
may accept an affidavit from the Operating Agency
attesting to the performance of each resident or
prospective resident. The affidavit shall also
specify the date, time and conditions of the drill,
and shall list all participants and witnesses.
429.4.1 Conduct of the Fire Drill: During the
conduct of the drill, one exit shall be blocked to
simulate a hazardous condition and the alarm
system shall be activated. Successful
performance for each resident shall be defined
as his/her ability to exit the building, or where
horizontal exits are provided to reach an area of
refuge within 2½ minutes of the activation of the
fire alarm system. Only those staff members
who are normally on duty shall be allowed to
assist residents, and the only assistance
permitted shall be that which is provided by the
staff of the Group Dwelling Unit consistent with
the classification of each individual resident.