Section 9. The board shall make rules and regulations for the keeping, storage, use, manufacture, sale, handling, transportation or other disposition of gunpowder, dynamite, crude petroleum or any of its products, or explosive or inflammable fluids or compounds, tablets, torpedoes or any explosives of a like nature, or any other explosives, fireworks, firecrackers, or any substance having such properties that it may spontaneously, or acting under the influence of any contiguous substance, or of any chemical or physical agency, ignite, or inflame or generate inflammable or explosive vapors or gases to a dangerous extent, and may prescribe the location, materials and construction of buildings to be used for any of the said purposes. Such rules and regulations shall require persons keeping, storing, using, selling, manufacturing, handling or transporting dynamite or other high explosives to make reports to the department in such particulars and in such detail that the quantity and location thereof will always be a matter of authentic record in the department. Cities and towns may also make and enforce ordinances and by-laws, not inconsistent with said rules and regulations, relative to the subject matter of this section. Each city or town shall submit a copy of each such ordinance or by-law to the board within ten days after the passage thereof. Any ordinance or by-law regulating blasting operations, or the use, handling, transportation or storage of dynamite or gunpowder, shall not take effect until such ordinance or by-law is approved by the board, except that any such ordinance or by-law that has not been approved or disapproved by the board within ninety days after the receipt thereof shall be deemed to have been approved.
Notes of Decisions
Pereira v. New England LNG Co., Inc., 301 N.E.2d 441 (Mass. 1973).
· cites it 10× “164 § 105A, which is part of a comprehensive statutory pattern for the regulation of gas companies by the Department, expressly vests authority in the Department “to regulate and control the storage, transportation and distribution of gas and the pressure under which these…”
Worcester Sand & Gravel Co. v. Bd. of Fire Prevention Regulations, 510 N.E.2d 267 (Mass. 1987).
· cites it 4× “In promulgating the regulation at issue, the board relied primarily on the authority provided in G.L.c. 148, § 9 (1984 ed.). Chapter 148, § 9, in relevant part provides: "The board shall make rules and regulations for the keeping, storage, use, manufacture, sale, handling,…”
Tebo v. Bd. of Appeals of Shrewsbury, 495 N.E.2d 892 (Mass. App. Ct. 1986).
· cites it 3× “22, § 14, and G. L. c. 148, § 9. 7 The former statute provides that the fire board shall be within the Department of Public Safety, but not under the control of the Commissioner of Public Safety.”
Commonwealth v. Aldana, 477 Mass. 790 (Mass. 2017).
· cites it 2× “7 Mansfield *795 explained that G. L. c. 148, § 9, 8 authorizes the fire department to require and issue permits to store and use certain explosive and inflammable substances and that G.”
Town of Milton v. Attorney Gen., 363 N.E.2d 679 (Mass. 1977).
· cites it 2× “We hold that under G. L. c. 148, § 9, the town could make and enforce by-laws “not inconsistent” with form FPR-4, that the by-law in question is not inconsistent with rule 43, and that the Attorney General erred in disapproving the by-law under G.”
Hood Indus., Inc. v. City Council of Leominster, 23 Mass. App. Ct. 646 (Mass. App. Ct. 1987).
“Our difficulty with the regulation in question is that it does something quite different from protecting against hazard in the conventional sense.”
Frontier Rsch. Inc. v. Comm'r of Pub. Saf., 222 N.E.2d 854 (Mass. 1967).
· cites it 3× “It alleges that principally because of differing reports made by an assistant chemist attached to the Department of Public Safety (the department), Frontier is uncertain with respect to its rights and duties under G. L. c. 148, §§ 9,10, and 13, and the regulations thereunder.”
I. Baron & Sons, Inc. v. E. Storage Indus. Park Corp., 244 N.E.2d 271 (Mass. 1969).
· cites it 2× “These regulations, in force at the time of the fire, were issued under G. L. c. 148, §§ 9 and 10, and governed 'the keeping, storage, manufacture or sale, in limited quantities of flammable *249 fluids, solids or gosses without a license or registration or either of them.”
Sealund Sisters, Inc. v. Plan. Bd., 737 N.E.2d 503 (Mass. App. Ct. 2000).
“We note that the State Board of Fire Prevention Regulations has promulgated comprehensive provisions regarding blasting and the use of explosives under authority of G. L. c. 148, § 9. See 527 Code Mass. Regs.”
Commonwealth v. Bruneau, 386 N.E.2d 29 (Mass. App. Ct. 1979).
“148, §§ 15 and 35; but those deficiencies need not concern us in this case, as the explosive device which the defendant was found to have possessed, on the evidence of its probable performance characteristics, was clearly a bomb, whether viewed from the vantage point of the…”
V.S.H. Realty, Inc. v. License Bd., 13 Mass. App. Ct. 586 (Mass. App. Ct. 1982).
“*589 Here, neither the regulation in question, nor the statute authorizing it (G. L. c. 148, § 9), is “so broadly encompassing” that it can be interpreted as a preemption of the area by the State.”
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