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City of Boston Municipal Code
CITY OF BOSTON CODE OF ORDINANCES
THE CHARTER OF THE CITY OF BOSTON
CHAPTER I: GENERAL PROVISIONS
CHAPTER II: FORM OF GOVERNMENT
CHAPTER III: ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER IV: CONTRACTS
CHAPTER V: ADMINISTRATION
CHAPTER VI: GENERAL SERVICES
CHAPTER VII: ENVIRONMENTAL PROTECTION
CHAPTER VIII: DEVELOPMENT
CHAPTER IX: BUILDING REGULATIONS
CHAPTER X: HOUSING SERVICES
CHAPTER XI: PUBLIC SERVICES
CHAPTER XII: PUBLIC HEALTH AND WELFARE
CHAPTER XIII: NATURAL GAS
CHAPTER XIV: LICENSING AND CONSUMER BOARDS, COMMITTEES AND OFFICERS
CHAPTER XV: DIVISIONS OF THE MAYOR’S OFFICE
CHAPTER XVI: PROHIBITIONS, PENALTIES AND PERMITS
16-A1 LICENSE AND PERMIT DENIAL, REVOCATION OR SUSPENSION.
16-A1.1 Failure and/or Refusal to Pay Municipal Charges.
16-A1.2 Safety Concerns and History.
16-A2 FINGERPRINTING AND CRIMINAL HISTORY RECORDS CHECKS REQUIRED FOR CERTAIN LICENSES
16-1 HEALTH.
16-2 HAWKERS AND PEDDLERS.
16-3 RESERVED.
16-4 TAKING OF SHELLFISH.
16-4A PROHIBITED ACTS IN WETLANDS; PERMITS.
16-5 FIREARMS.
16-5A REGULATING THE SALE AND MARKETING OF REPLICA FIREARMS IN THE CITY.
16-5B REGULATING REPLICA FIREARMS IN THE CITY.
16-6 BONFIRES.
16-7 BRICK-KILNS.
16-8 INFLAMMABLE ARTICLES.
16-9 OBSTRUCTION OF FIRE FIGHTERS AND FIRE APPARATUS.
16-10 THE MARKET LIMITS.
16-11 FANEUIL HALL MARKET LIMITS.
16-12 USE OF STREETS.
16-13 BRIDGES AND WHARVES.
16-14 RESERVED.
16-15 USE OF ROADWAY FOR VEHICLES.
16-16 STREET CARS.
16-17 MOVING BUILDINGS AND BULKY MACHINERY.
16-18 SIDEWALKS.
16-19 PUBLIC GROUNDS.
16-20 WATER SUPPLY.
16-21 WARD-ROOMS; FANEUIL HALL.
16-22 NUMBERING OF BUILDINGS.
16-23 NOTICES AND PLACARDS.
16-24 JUNK AND SECOND-HAND ARTICLES.
16-25 OBSCENE AND PORNOGRAPHIC MATERIAL.
16-26 UNREASONABLE NOISE.
16-27 NUISANCE CONTROL.
16-28 JITNEY LICENSES.
16-29 OPEN-AIR THEATERS.
16-30 ABANDONMENT OF AUTOMOBILES.
16-31 RODENT AND INSECT PREVENTION MEASURES AT CONSTRUCTION SITES.
16-32 FINES.
16-33 SIGNS, AWNINGS AND THE LIKE.
16-34 UNLAWFUL TO TAKE REPRISAL AGAINST ANY INDIVIDUAL WHO TESTIFIES BEFORE THE BOSTON CITY COUNCIL.
16-35 WORKPLACE SMOKING POLLUTION CONTROL ORDINANCE.
16-36 CIGARETTE SALES BY VENDING MACHINES RESTRICTED.
16-37 NON-EMERGENCY REPAIR OF VEHICLES.
16-38 PLACEMENT AND MAINTENANCE OF NEWSRACKS.
16-39 SALE OF DANGEROUS INSTRUMENTS.
16-40 LIMITING TOBACCO ACCESS BY YOUTH.
16-41 REGULATING MANNER AND PLACE OF SOLICITATION.
16-42 LASER POINTERS.
16-43 TRESPASSING ON PRIVATE PROPERTY.
16-44 SALE OF MERCURY THERMOMETERS BANNED.
16-45 PROHIBITING THE CARRYING OF KNIVES OR SIMILAR WEAPONS.
16-46 NONCRIMINAL DISPOSITION OF ZONING VIOLATIONS IN THE CITY.
16-47 PROHIBITING THE SALE AND/OR INSTALLATION OF A MUFFLER CUT-OUT OR BY-PASS AND PROHIBITING CERTAIN MODIFICATIONS TO EXHAUST SYSTEMS.
16-48 BOAT SLIPS AND MOORINGS.
16-49 IDENTIFYING JACKETS FOR VALET PARKERS.
16-50 AFTER-HOURS PARTIES.
16-51 CRACK PIPES.
16-52 MAINTENANCE OF VACANT, FORECLOSING RESIDENTIAL PROPERTIES.
16-53 CLEANING OF COMMERCIAL COOKING HOOD AND VENTILATION SYSTEMS.
16-54 PROHIBITION AGAINST SALVIA DIVINORUM.
16-55 UNPAID MUNICIPAL FINES.
16-56 PENALTIES FOR VALID COMPLAINT PROBLEM PROPERTIES.
16-57 PUBLIC NUISANCE PROPERTIES.
16-58 OVER-THE-AIR DEVICES (“OTARD”).
16-59 PROHIBITION OF THE POSSESSION OR SALE OF SYNTHETIC CANNABINOIDS AND ILLICIT SYNTHETIC DRUGS.
16-60 RECREATIONAL VEHICLES.
16-61 REGULATION OF LETTER GRADING OF FOOD ESTABLISHMENTS AND FOOD TRUCKS.
16-62 ORDINANCE BANNING FACE SURVEILLANCE TECHNOLOGY IN BOSTON.
16-63 ORDINANCE ON SURVEILLANCE OVERSIGHT AND INFORMATION SHARING
16-64 AN ORDINANCE REGARDING TARGETED RESIDENTIAL PICKETING.
16-65 SAFE CONSTRUCTION AND DEMOLITION OPERATIONS IN THE CITY.
16-66 UNLAWFUL CAMPING ON PUBLIC PROPERTY.
CHAPTER XVII: LICENSES AND REGULATIONS AFFECTING CERTAIN TRADES
CHAPTER XVIII: FEES AND CHARGES
CHAPTER XIX: SCHOOLS
CHAPTER XX: CHARITABLE INSTITUTIONS
CHAPTER XXI: MISCELLANEOUS PUBLIC BUILDINGS
CHAPTER XXII: SUFFOLK COUNTY
CHAPTER XXIII: TRASH AND REFUSE DISPOSAL
CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
PARALLEL REFERENCES
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16-53   CLEANING OF COMMERCIAL COOKING HOOD AND VENTILATION SYSTEMS.
16-53.1   Purpose.
   The purpose of this Section is to establish requirements for the inspection of grease buildup and for the cleaning of hoods, grease removal devices, fans, ducts and cooking equipment by commercial contractors for said services.
(CBC 1985 16-53.1; Ord. 2008 c. 2)
16-53.2   Applicability.
   This Section shall apply to all existing structures subject to inspection and review by the city’s Inspectional Services and Fire Departments. The Commissioners of the Boston Fire Department and the Inspectional Services Department may promulgate any additional rules and/or regulations under the scope of this Section as needed.
(CBC 1985 16-53.2; Ord. 2008 c. 2)
16-53.3   Procedures.
   (A)   Certification and registration.
      (1)   Any person offering their services to inspect for grease buildup or to clean commercial cooking hood and ventilation systems, whether as an outside contractor or as a business providing the service to itself, shall be certified as a qualified inspector or commercial cooking hood and ventilation system cleaner respectively. Each individual of a company engaged in the cleaning or inspecting for grease buildup of commercial cooking hood and ventilation systems must obtain certification prior to engaging in cleaning or inspection services. Each company engaged in the cleaning or inspecting for grease buildup of commercial cooking hood and ventilation systems must employ enough certified technicians to maintain a minimum of one certified technician during cleaning operations at each cleaning site. For purposes of this Section only, CERTIFIED shall mean that a person has met all of the requirements of a Boston Fire Department approved certifying agency’s training program and/or certification exam.
      (2)   The Boston Fire Department shall publish a list of accepted certifying agencies. In addition to registration requirements in division (A)(3) below obtaining certification from one of these agencies will meet the requirements of this Section. Only those individuals registered and certified as being qualified to inspect for grease buildup or to clean commercial cooking hood and ventilation systems will be authorized to perform those respective services regulated under this Section within the city.
      (3)   Each individual offering to provide services within the city to inspect for grease buildup or to clean commercial cooking hood and ventilation systems shall also register with the Boston Fire Department, Fire Prevention Division upon obtaining their certification. An annual application for registration authorizing inspection and/or cleaning services within the city must be accompanied by the proof of certification, and an annual application fee of $25. Upon approval of the application by the Boston Fire Department, an individual and/or company will be considered authorized to conduct cleaning and/or inspection services within the city. Registration will expire at the end of each calendar year and shall require annual renewal.
      (4)   It is the responsibility of the individual to keep his or her certification active.
      (5)   Any loss or expiration of certification must be reported to the Boston Fire Department within five days of loss of said certification.
      (6)   After registration, any changes in employment, as well as other application data must be reported to the Boston Fire Department within five days of the change.
      (7)   Each year the Fire Department will publish a roll of registered cleaners and inspectors on February 1.
      (8)   Failure to follow the requirements of this Section, failure to maintain certification, failure to renew registration or if inspecting and/or cleaning is deemed not in accordance with NFPA 96 as referenced by 527 CMR 11.00, may result in fines and/or the revocation of registration to inspect for grease buildup or to clean commercial cooking hood and ventilation systems within the city.
   (B)   Inspection and cleaning of commercial cooking hood and ventilation systems.
      (1)   Inspection frequency. Commercial cooking hood and ventilation systems and cooking equipment shall be inspected by a certified inspector or cleaner for grease buildup in accordance with the inspection schedule of NFPA 96 as referenced by 527 CMR 11.00.
      (2)   Cleaning frequency. A certified person shall clean to bare metal, hoods, grease-removal devices, fans, ducts, cooking equipment and other appurtenances. The person to perform the actual cleaning shall be certified in the cleaning of commercial cooking hood and ventilation systems. The cleaning schedule shall be at the same interval as the inspection schedule prescribed in NFPA 96 as referenced by 527 CMR 11.00.
      (3)   Signage. Following inspection and/or cleaning, the certified person providing such services shall place or display within the kitchen area, a label indicating the date inspected and/or cleaned, the name of the servicing company (company certification number and individual’s name and certification number) and their Fire Department registration number. It shall also indicate areas not inspected and/or cleaned and the reason why the service could not be performed, and if it is scheduled to be performed at another date. The label shall be attached to the exterior of the hood in a visible location. The schedule for the inspecting and/or cleaning frequency shall be maintained on site and available for viewing upon request of Fire Department and Inspectional Services inspectors.
      (4)   Reports. Reports associated with the inspection and/or cleaning of the hood and vent system shall be maintained on site by the business owner. These reports shall be available for viewing upon request of an inspector from the Inspectional Services or Boston Fire Departments.
   (C)   Inspection and cleaning for solid-fuel cooking.
      (1)   Solid-fuel cooking appliances shall be inspected, cleaned and maintained in accordance with the procedures outlined in NFPA 96, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations as referenced by 527 CMR 11.00.
   (D)   Deficiency reports. In addition to any requirements outlined in NFPA 96, as referenced by 527 CMR 11.00, if any required cleaning or inspection is incomplete or unable to be performed for any reason, the certified person providing such services shall provide a written report to the Boston Fire Department within five days of said failure to clean and/or inspect. Said report shall provide the following information:
      (1)   The physical address at which inspection and/or cleaning were unable to occur;
      (2)   The name of the owner of said premises;
      (3)   The date on which the certified person attempted to inspect and/or clean the premises; and
      (4)   The specific reason why the service could not be performed pursuant to NFPA 96 standards.
(CBC 1985 16-53.3; Ord. 2008 c. 2)
16-53.4   Penalties.
   (A)   Violation of the conditions of this Section whether by the proprietor of the establishment, property owner or the hood cleaning/inspecting company shall subject the violator to a fine of $200 per day payable to the Boston Fire Department. Each day of violation shall constitute a separate and distinct offense. Revenues collected from said fines shall be used to educate and train Boston Fire Department and Building Inspectors on NFPA 96.
   (B)   Notwithstanding the above, the Commissioner of ISD, upon a determination that any violation constitutes an immediate and severe threat to the public health and safety, may order the immediate closure of any premises, without prior notice and hearing but otherwise with subsequent notice and hearing.
(CBC 1985 16-53.4; Ord. 2008 c. 2)
16-53.5   Effective Date.
   The provisions of these Sections shall become effective within 365 days of its passage.
(CBC 1985 16-53.5; Ord. 2008 c. 2)
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