Massachusetts General Laws

Mass. Gen. Laws ch. 48, § 42 (2026)

Establishment of fire departments; appointment of fire chief; compensation; removal; powers and duties

✓ current as of July 2026

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Section 42. Towns accepting the provisions of this section and sections forty-three and forty-four, or which have accepted corresponding provisions of earlier laws may establish a fire department to be under the control of an officer to be known as the chief of the fire department. The chief shall be appointed by the selectmen, and shall receive such salary as the selectmen may from time to time determine, not exceeding in the aggregate the amount annually appropriated therefor. He may be removed for cause by the selectmen at any time after a hearing. He shall have charge of extinguishing fires in the town and the protection of life and property in case of fire. He shall purchase subject to the approval of the selectmen and keep in repair all property and apparatus used for and by the fire department. He shall have and exercise all the powers and discharge all the duties conferred or imposed by statute upon engineers in towns except as herein provided, and shall appoint a deputy chief and such officers and firemen as he may think necessary, and may remove the same at any time for cause and after a hearing. He shall have full and absolute authority in the administration of the department, shall make all rules and regulations for its operation, shall report to the selectmen from time to time as they may require, and shall annually report to the town the condition of the department with his recommendations thereon; he shall fix the compensation of the permanent and call members of the fire department subject to the approval of the selectmen. In the expenditure of money the chief shall be subject to such further limitations as the town may from time to time prescribe. The appointment of the chief of the fire department in any town or district having a population of five thousand or less may be for a period of three years.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1972–2023 · leading case: Labor Relations Comm'n v. Town of Natick, 339 N.E.2d 900 (Mass. 1976).

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Labor Relations Comm'n v. Town of Natick, 339 N.E.2d 900 (Mass. 1976). · cites it 8× “The effect of the statutory authority granted to a “strong” fire chief by G. L. c. 48, § 42, in relation to the collective bargaining rights of fire fighters has not been passed on by this court previously.”

Atkinson v. Town of Ipswich, 615 N.E.2d 200 (Mass. App. Ct. 1993). · cites it 6× “231 A, § 1, that the fire department is under the control of the fire chief pursuant to G. L. c. 48, § 42, the “strong” fire chief law.”

Ret. Bd. v. Tyler, 981 N.E.2d 740 (Mass. App. Ct. 2013). · cites it 2× “G. L. c. 48, § 42. Although Tyler knew his victims through his fellow firefighters, *113 his offenses were nonetheless personal in nature, occurring outside the firehouse while Tyler was not on duty.”

Foley v. Town of Randolph, 601 F. Supp. 2d 379 (D. Mass. 2009). · cites it 2× “Instead, the Selectmen reappointed Foley as Fire Chief on October 31, 2006 under the provisions of the so-called “strong” chief statute, Mass. Gen. Laws ch. 48, § 42 . On May 17, 2007, there was a fatal fire in Randolph in which two children, ages seventeen and ten, died.”

Morse v. Bd. of Selectmen of Ashland, 390 N.E.2d 741 (Mass. App. Ct. 1979). · cites it 2× “Overall, we come away from our review of the record with the impression that the chief had substantially complied with his responsibilities as set forth in G. L. c. 48, § 42, and with such other responsibilities as were assigned to him from time to time by the board.”

Lukes v. Bd. of Election Commissioners, 672 N.E.2d 976 (Mass. 1996). “663 (1993), the provisions of G. L. c. 48, § 42 (1994 ed.), only applied if accepted by the community.”

Page v. Chief of Fire Dep't, 279 N.E.2d 692 (Mass. 1972). “The proper remedy if the collective bargaining agreement infringes on his powers under G. L. c. 48, § 42, is by declaratory decree.”

Town of Freetown v. New Bedford Wholesale Tire, Inc., 423 N.E.2d 997 (Mass. 1981). “Once a town establishes a fire department under G. L. c. 48, § 42, as amended by St. 1973, c.”

Tetreault v. Bd. of Selectmen of Lynnfield (Mass. App. Ct. 2023). · cites it 11× “The plaintiff, Mark Tetreault, maintains that when he signed an employment contract as fire chief of the town of Lynnfield (town), he believed that he would be granted a lifetime appointment by G. L. c. 48, § 42, colloquially known as the “strong chief” statute.”

Dracut v. Dracut Firefighters Union, IAFF Local 2586 (Mass. App. Ct. 2020). · cites it 5× “The arbitrator found that the chief's decision to impose a ban on travel by on-duty firefighters to union meetings at the central fire station from the east and west stations violated the parties' collective bargaining agreement (CBA). The Superior Court judge vacated the…”

Unknown, 598 F.3d 1. · cites it 2× “Neither the contract which governed Foley’s employment from 2003 to 2006 nor the “strong” chief statute, Mass. Gen. Laws ch. 48, § 42 , which governed his employment subsequent to October 31, 2006, specifically authorized or required Foley to make public statements on matters…”

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