Legal Question in Real Estate Law in Massachusetts

Cooking over wood fire outside

I have a fire pit which I use to cook on from time to time. I have read the state regulations on burning (527 CMR: Board of fire prevention Regulations 10.22 open air fires) and #4 states that I am within my right to do this. Durring one cookout the fire dept came to my house, told me they had complaint from someone and made me put out the fire. If I am complying with the reg do I have the right to throw the fire dept off my property?


Asked on 5/19/99, 7:14 pm

1 Answer from Attorneys

Re: Cooking over wood fire outside

The question as phrased indicates a trouble-seeking plan.

I suggest you drop by the firehouse and show them the law,

in fact, leave a copy for them,

particularly the dispatcher who handles the incoming calls at

the time of day you like to cook. ... Get my drift? When

they get the next call, they'll tell the neighbor that the fire

is legal.

There's probably some other law that firefighters may use to enter

a property for the safety of the public when IN THEIR JUDGMENT someone

has created a danger. I don't know that law to quote to you, but you're

going to be a lot better off if you don't put the firefighters in a

position where they have their backs up and suddenly their JUDGMENT

goes against what you're doing, right?

Firefighters, though public officials, are likely not subject to the

same 4th ammendment strictures against invading your space and privacy

as the police; in other words, you might not really have the same right

to throw a firefighter off your property. I wonder from the sound of

your question whether you have guns, too. There are times when the laser

printer is more effective than the rifle (the modernization, I suppose, of

the pen is mightier than the sword).

If you go with my plan, I'd like to hear the fire dept.'s or dispatcher's

reaction, too. Go in quietly and get them to read the page for themselves;

present your point of view more as a question than as a fact.

If you're anywhere near Boston, I'd love to do it for you.

Do you agree with me on all of the above? Please let me know either

way, directly, to [email protected] or by telephone (617) 527-0050.

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.

Newton, MA

02459-2509

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Answered on 5/26/99, 11:18 pm


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