Any industrial factory or storage facility handling ignitable or otherwise hazardous materials should be aware of the Massachusetts Fire Code, which governs the storage, use, manufacture, sale, handling, and transportation of everything from flammable vapors to firecrackers. This article is meant to be an introduction for those who find themselves navigating the labyrinthian depths of the Massachusetts Fire Code.
The best place to begin is 527 CMR 1.00, Table 1.12.8.50, which identifies the total quantity of ignitable solids, liquids, or gases (as well as propellants, ammunition, and black powder) that can be stored in any one roofed structure without Permit or License. If storing or handling quantities of such materials above the regulatory threshold, the regulations describe the application process requirements for a Permit or License, a Certificate of Competency, and Certificate of Registration. The Massachusetts Fire Code refers violators to Massachusetts General Law Chapter 148A for fines and punishments. But the provisions directly within the Massachusetts Fire Code are just the beginning. Adopted and incorporated by reference is the entirety of the National Fire Protection Association (“NFPA”) book 1, 2021 edition, with certain modifications.
NFPA 1 provides a broad baseline for the regulations which businesses must follow. It differentiates four different classes of ignitable liquids by flash point and boiling point (Class I, II, IIIA, and IIIB), as well as different categories of hazardous substances (e.g. corrosives, peroxides, oxidizers, and toxic materials) and their sub-classes. It establishes the necessary floor plans and manuals a business must keep, as well as baseline venting and materials stacking & spacing regulations. To the extent they are not fully defined in NFPA 1, additional clarification on the different volume classifications for “container,” “portable tank,” and “Intermediate Bulk Container” are found at 9 CFR 1910.106, and additional requirements for tank materials and thickness can be found at 249 CFR 178.255.
As detailed as the provisions of NFPA 1 can be, it would be a mistake to treat NFPA 1 as anything more than a jumping off point. The very first paragraph of many sections of NFPA 1 cross-references other NFPA regulations, which may themselves contain hundreds of pages of specifications. In total, three hundred different books provide more specified regulations on topics ranging from sprinklers (NFPA 13) to dry-cleaning facilities (NFPA 32).
Businesses constructing or operating buildings that handle such materials should first ensure that the facility meets the structural and set-back requirements of NFPA 5000, which themselves are determined by the type of hazardous materials categorized under NFPA 400 which are intended to be handled or stored. For instance, buildings housing detonable peroxides must comply with NFPA 5000 §34.3.3.2 “Protection Level 1” requirements, as per NFPA 400 §5.3.3, while buildings housing corrosives need only comply with NFPA 5000 §34.3.6.2 “Protection Level 4” requirements, as per NFPA 400 §5.3.6.
Next the developer or business owner must determine whether it will make its building sprinkler-compliant (known in the Code as “Protected”). The sprinkler regulations are complex—even currently-existing but non-compliant buildings may wish to relocate or change their sprinkler systems to fit the needs of present storage and handling operations. NFPA 1 c. 66.16, NFPA 1 c. 13, and NFPA 13 together provide detailed overhead sprinkler location maps, and standards for minimum distance between sprinklers, minimum flow velocity, and minimum clearance height between sprinkler and material, which in turn depend upon sprinkler characteristics such as whether they employ wet pipe, deluge, or pre-action systems, are of Control Mode Specific Application (“CMSA”), and whether they use pure water or foam-water.
Developers and building owners should next turn their attention to the detailed aisle width, stacking, and spacing requirements of NFPA 30 (flammable liquids) and NFPA 400 (hazardous materials). Both books provide extraordinarily helpful tables which lay out these requirements according to ignitable or hazardous materials class, container type, whether the facility is “Protected” (i.e. sprinkler-compliant), whether stacking is done on pallets or on racks, and the occupancy type of the facility (mercantile, industrial, or storage). Although there are exceptions, as a general rule of thumb, where different classes of ignitable or hazardous materials are stored in the same area, the stacking and spacing requirements of the more dangerous material applies.
If you as a developer and/or business owner are not up-to-speed on the complexities of the fire code, you should consider engaging with those professionals that have experience navigating the fire code.