Amendment H.5488

194th Legislature (2025-2026)

The bill creates a public, centralized database of hot work violations and fines, with automated owner/insurer notifications to improve compliance and transparency.

Text of an amendment, see S1646

Summary of Bill H.5488 (194th General Court, Massachusetts)

Purpose and intent

The bill adds a new provision to Chapter 22 of the General Laws to improve oversight, data collection, and public accessibility regarding hot work violations and related enforcement activities. Its overarching aim is to enhance compliance with hot work safety requirements and improve notification/awareness for property owners and insurers.

Key provisions and changes

Establishment of a new Section 23 in Chapter 22:

Data collection requirements:
The Department of Fire Services (DFS), in cooperation with:
- Division of Occupational Licensure
- Local code enforcement officers
- State code enforcement officers authorized under Chapter 148A
Collect data on written notices of code violations and fines arising from violations or non-compliance with hot work provisions.
Covered hot work issues include:
- Failure to maintain hot work training certification
- Performing hot work without hot work training certification
- Failure to comply with hot work permit requirements
Data management and accessibility:
DFS must develop, operate, and maintain a database containing the collected information.
The database must be publicly accessible on the DFS website.
The database must include an automated notification system to alert affected property owners and insurance companies.

Who is affected

Public safety and regulatory bodies:

Department of Fire Services
Division of Occupational Licensure
Local code enforcement officers
State code enforcement officers under Chapter 148A

Affected entities:

Property owners who may have hot work activities or be impacted by hot work violations
Insurance companies monitoring property risk and claims related to hot work violations

General public:

Access to a publicly available database with information on hot work violations and enforcement actions

Procedural and timeline aspects

The amendment directs the creation and maintenance of a centralized, publicly accessible database by the Department of Fire Services.

It requires interagency cooperation for data collection.

An automated notification system is mandated to inform affected parties (property owners and insurers) when relevant notices or fines are issued.

The text indicates implementation responsibilities but does not specify exact dates or timelines within the summary; the bill would operationalize data collection, public access, and notification upon enactment and subsequent administration.

Practical impact and considerations

Transparency: Public access to data on hot work violations and enforcement actions could increase accountability and awareness.

Compliance incentive: Automated notifications to property owners and insurers may encourage timely remediation and adherence to hot work requirements.

Data utility: Centralized data can help regulators identify trends, target enforcement, and measure program effectiveness.

Privacy and accuracy: The public database will need clear data standards and privacy safeguards to ensure accurate, non-misleading information.

Note: This summary reflects the text as introduced in the amendment replacing the previous content with the new Section 23. If enacted, details such as specific data fields, definitions of hot work violations, and any associated penalties would be governed by the full implementation regulations and related code provisions.