In Memory of Fallen Firefighters, DiDomenico Advances Tougher Penalties for Deadly Code Violations
Second Firefighter Safety Bill of the Session Doubles Down on Penalties for Injury-Causing Violations
BOSTON — Senator Sal DiDomenico and his colleagues in the Massachusetts Senate advanced legislation that establishes serious criminal penalties for fire code and building code violations that cause the injury or death of a firefighter, construction worker, or any member of the public.
The bill follows through on key recommendations of the Walsh-Kennedy Commission, formed by the Legislature to investigate public safety and licensing around hot work—including welding, plasma cutting, and spark-producing construction—following the tragic 2014 fire in Boston’s Back Bay.
The fire, which killed Boston Fire Lieutenant Edward Walsh and Firefighter Michael Kennedy, was caused by unpermitted welding work.
“Our top priority must be the safety of our public safety workers and members of the public, and this legislation will ensure reckless behavior during the building process will not be tolerated,” said Senator Sal N. DiDomenico. “We have seen how careless actions can needlessly cost the lives of parents, siblings, and spouses, and it is our responsibility to make it as hard as possible to dodge crucial fire and building codes in our state. This decisive action will hold code violators to account and protect people throughout the Commonwealth.”
Under the bill, people would face a criminal penalty of up to 10 years in state prison and a fine of up to $500,000 if they commit certain violations of the state fire code or building code that cause a death.
In cases where the violation causes serious bodily injury, the penalty would include up to five years in prison and a fine of up to $250,000.
The bill also significantly enhances the penalty for violations of the state fire prevention law related to hot work, increasing the fine for a first offense to $1,000 from the current $100 fine. Third and subsequent offenses for hot work violations could be penalized with up to two and a half years in a house of correction and a share of the building project’s total value.
The underlying bill, co-sponsored by a bipartisan group of Senators and Representatives, was reviewed at a public hearing last year by the Joint Committee on Public Safety and Homeland Security.
This is the second bill acted upon by the Senate this session intended to strengthen safety for first responders and tradespeople conducting hot work. The first bill, which went on to be passed by the House and signed by the Governor, created requirements for consistent tracking and notification of code violations.
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