Quick Reference Guide

Massachusetts General Laws

For Crimes Related to Fire and Explosions

Version 4-7/11 /06

CRIMES AGAINST ENVIRONMENT- Ch 48

Arson Related Laws

• Burning without a permit out of season (48-13) 1 month $500 + suppression costs
• Setting open fires; penalty for violation (48-13) 1 month or $500 + suppression cost

REGISTRATION OF CERTAIN PROFESSIONS AND LICENSES- Ch 112 12A

Other Laws Related to Arson, Explosions and Juveniles Offenses

• Report victims of burns >5%, gunshot shot wounds (112.12A) $100

FIRE PREVENTION- Ch 148

Explosive Related Laws

• Possession of a Bomb (148-35) 2 ½ yrs $1000
• Transportation of gunpowder and other explosives or explosive or inflammable fluids or compounds (148-15) a fine of not more than $1,000 or not more than one year, or both.
• Keeps stores, manufactures, uses, sells, handles or dispose of Fireworks or Explosives or otherwise stated in Ch 148-9 (148-16) not more than $100 not or more than 1 month or both
• Sales, possession, use, etc. of combustible or explosive substances to produce visible or audible effects; fireworks (148-39) fine of not less than $100 nor more than $1,000 or imprisonment for not more 1yr or both
• Whoever manufactures or sells or knowingly uses, or has in possession for the purpose of sale, any golf ball containing any acid, fluid, gas or other substance tending to cause the ball to explode and to inflict bodily injury (148-55) first offence not more than $500, and for any subsequent offence not more than $1,000 or not more than 1yr, or both

Other Laws Related to Arson, Explosions and Juveniles Offenses

• Check 527 CMR for other related laws
• Discharging a fire extinguisher (148-27A) 1yr or $1000
• Fire Inspections entry of premises 148-4
• Fire Marshal's Investigation/Inquest (148-3)
• Fireworks, Possession of (148.39) 1 yr or $1000
• Heads of Fire Department, Inspections, Records, Permits (148.10A)
• Investigation of fires and explosions (148-2)
• License and permits for manufacture of fireworks, sale, transfer or exchange of explosive materials (148-12) 2 ½ yrs or $5,000
• Lighted cigarettes likely to cause fire; dropping or throwing from vehicles or placing on forest land or fields (148.54) $100 or 30 days
• Power of Marshal to Require Assistance (148-33)
• Public Safety and Good Order fireworks, explosives and inflammable materials keeps, stores, handles, manufactures, handles or stores (148-26) $100 or 1 month
• School Report of Fire to Local Fire Department- Principle of any public or private school that provides instruction to pupils Grades 1-12 shall immediately report any unauthorized ignition of any fire within the school building or on school grounds to the local fire department. The principle shall submit a written report of the incident to the head of the fire department within 24 hours on a form furnished by the Department of Fire Services. The report shall be filled without regard to the extent of the fire or whether there was a response by the fire department. The head of the fire department shall report to the Marshal of the incidents in accordance to section two. (148-2A) $100 per 148-34 Violation of Statues Except in the case of continuing offense after receiving a notice.
• Sharing Information with insurers (Arson Immunity) 148-32
• Violations of Regulations of 148.10A (148-10B) Up to $1000

CRIMES AGAINST PEOPLE- Ch 265

Other Laws Related to Arson, Explosions and Juveniles Offenses

• Assault, Assault & Battery- Dangerous Weapon (265.13A, 15A) 15 yrs or $10,000
• Injuring a firefighter/line of duty (265.13D ½) 2 ½ yrs or $5000
• Manslaughter (265-13) 20 yrs
• Murder (265-1) Max Life Imprisonment
• Throw/drop object with intent injure on a public Way (265.35), at a sport event (265.36) 1 yr $500

CRIMES AGAINST PROPERTY- Ch 266

Arson Related Laws

• Attempt to Burn Dwelling, Structure, Personal. Prop. Vehicle (266.5A) 10 yrs or $1000
• Burn a Building or Structure (266.2) 10 yrs
• Burn a Dwelling / Arson (266.1) 20 yrs or $10,000 or both
• Burn Personal Property over $25 or a vehicle (266.5) 3 yrs or $500
• Burning a Wooded Area (266.7) 2 yrs or $1000
• Burning with Intent to Defraud an Insurer (266-10) 5 yrs

Explosive Related Laws

• Bomb- Hoax device (266.102A ½) 10 yrs or $1000 or both
• Bomb, Throwing a at a Person/Property (266.102) 20 yrs or $25,000 or both
• Explosives, willful throwing (266.102) 20 yrs or $25,000 or both
• Explosion, Malicious (266.101) 20 yrs or $1000
• Explosive-Infernal Machine/ Possession of an (266.102A) 10 yrs or $1000 or both
• Explosive-Molotov Cocktail (266.102B) 5 yrs or $1000 or both
• Molotov Cocktail, Possession of (266.102B) 5 yrs or $1000 or both

Other Laws Related to Arson, Explosions and Juveniles Offenses

• Breaking glass in building of another, injure, deface fence, etc. (266.114) 6 months or $500
• Breaking/Entering (266.16); Burglary (266.14, 15) Life in prison
• Dest. Property, Malicious/ wanton (266.127) 10 yrs or $3000 or three times property destroyed
• Destroy/ injury to building (266-104) 2months $50
• Disabling a Fire Engine (266.13) 2 yrs or $500
• Disturbing Schools or Assemblies (266.40) 20 yrs
• Embezzlement of Property at Fire (266-23) 5yrs $500
• Filing a False Fire Insurance Claim (266.111A) 5 yrs or $10,000 or both
• Fire Alarm or Fire Engine, Damaging (266.11, 12) 7 yrs or $1000
• Fire alarm, Tampering with / before a fire (266.11) 2 yrs $500
• Fire alarm, Tampering with / during a fire (266.12) 7 yrs or $1000
• Fraudulent vehicle insurance claims (266-111B) 5yrs $10,000
• Hotel owner-duty to notify of fire (266-13A) 2 ½ yrs $1,000
• Injury/damage to defaces Building- (266.104) 2 months $50/ 2 yrs $1000
• Injury/ damage to School/Church (266.98) 2 months $50/ 2 yrs $1000
• Larceny at a Fire (266.24) 5 yrs or $500
• Malicious destruction prop. (266.127) 10 yrs or $3000/ three times amount of destroyed property
• Malicious Injury to legal notice, trespass notice (266.122, 124) $25
• Negligent burn/ failure extinguish fire, which damages another's property (266.8/9) 2 yrs/$1000
• Negligently allowing a fire to spread to another's property (266.8) 2 yrs $1000
• Removal of vehicle to defraud insurer (266-27a) restitution
• Standing timber or wood, Injuring (266.113) 6 months $500
• Stealing at a Fire (266.24) 5 yrs $500
• Sworn statement re Vehicle fire (266-29B) owner must comply
• Sworn Statement re: vehicle theft (266-29) owner must comply
• Theft or Damage of Motor Vehicle (266-28) 15yrs $15,000
• Threat to burn a church, building (266.127A) 2 ½ yrs $2000
• Threat to burn or damage to church/ school (266-127a) 2½ yrs $2000 or 3x amount
• Trespass (266.122) $25
• Vandalism- deface prop. pub building monument, library book (266.95-100, 126A) 5 yrs $25,000
• Wanton damage to fire apparatus (266-13) 2yrs $500 fine

CRIMES AGAINST PUBLIC JUSTICE- Ch 268

Other Laws Related to Arson, Explosions and Juveniles Offenses

• Fire Alarm Box, Tampering with (268.32) 2 yrs $1000
• Interfering or hindering a firefighter in line of duty (268.32A) 5 yrs $1000 or both
• Perjury (268-1) life/20yrs $1,000
• Perjury re: motor vehicle theft (268-39) 2yrs $2,000
• Resisting arrest (268-32b) 2 ½ yrs $500
• Statements made under penalty of perjury (268-1A) signature=guilt of perjury
• Tampering with alarms-false alarms (268-32) 2yrs $1,000

CRIMES AGAINST PUBLIC PEACE- Ch 269

Explosive Related Laws

• Bomb, False Report of (269.14) 20 yrs or $50,000 or both
• Bomb/ Deadly weapon, Threats, Hijacking or Disruption to Schools, Public Building or Venue via internet, mail, orally, telephone, postal or any electronic device (269.14) 20 yrs or $50,000 or both

Other Laws Related to Arson, Explosions and Juveniles Offenses

• False Fire Alarm (269.13) 1 yr or $500
• False report of fire (269-13) 1 yr or $500

CRIMES AGAINST PUBLIC HEALTH- Ch 270

Arson Related Laws

• Burning Rubbish w/in Marine Boundary or 12 miles from Shoreline (270.20) $1000

Other Laws Related to Arson, Explosions and Juveniles Offenses

• Smoking Violation Public place (270.21 & 22) $300 check town bylaws
• School rules Violations (see student handbook to determine if violation)

CRIMES AGAINST CHASITY, MORALITAY, DECENCY & GOOD ORDER- Ch 272

Other Laws Related to Arson, Explosions and Juveniles Offenses

• Cruelty to Animals (272.77) 1 yr or $1000 or both
• Disorderliness in Public Conveyance (272.43) 1 month or $50
• Disorderly Conduct (272.53) 6 months or $200 or both
• Disturbing Funeral (272.42 & 42A) 1 month $50
• Disturbing Library (272.41) 30 days or $100
• Disturbing the Peace (272.53) 6 months or $200 or both

FELONIES ACCESSORIES ATTEMPTS- Ch 274

Explosive Related Laws

• Conspiracy to commit arson or other crime (274.7) Death or $10,000

Other Laws Related to Arson, Explosions and Juveniles Offenses

• Accessories after the fact (274-4) 7yrs $1,000
• Accessory before the fact of felony (274-2) max of principal felony
• Attempt to Commit a Crime (274-6) 5yrs
• Prosecution of accessories before the fact (274-3) max of principal felony

PROCEEDS TO PREVENT CRIMES- Ch 275

Other Laws Related to Arson, Explosions and Juveniles Offenses

• Threat to commit a crime (275.2) Subscribed by complainant

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School Report of Any Fire to Local Fire Department

M.G.L. C 148 s 2A 

M.G.L. C 148, Section 2A. The principal of any public or private school that provides instruction to pupils in any of grades 1 to 12, inclusive, shall immediately report any incident involving the unauthorized ignition of any fire within the school building or on school grounds to the local fire department. The principal shall submit a written report of the incident to the head of the fire department within 24 hours on a form furnished by the department of fire services. The report shall be filed without regard to the extent of the fire or whether there was a response by the fire department. The head of the fire department shall report such incident to the marshal in accordance with section 2.

This form is part of a mandatory reporting requirement under MGL Chapter 71 Section 37L.

Remember to call 9-1-1 for any fire not already extinguished upon discovery.

Date : _______________

Name of School:______________________________________________________

Name of Reporting Person : ___________________________________________________
(principal or designee)

Signature of Reporting Person:
______________________________________________

Telephone # of Reporting Person : _____________________________________________

Date & Time of Fire (if known):__________________________________________

Date & Time Fire Discovered ____________________________________________
(if different than when it occurred):

Who Discovered Fire? _________________________________________________
(i.e. teacher, custodian, students)

Location of Fire : ____________________________________________________
Inside p Outside p

More Specific Location ________________________________________________
(e.g. floor and function such as 2 nd fl boys lavatory)

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