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M$5 December 23, 2008 03:07 AM

Is it against the law in MA for a landlord to store flammable items in the basement?

Looks like my landlord has decided to store a bunch of paint and some sort of glue in our basement. They are currently about 2-3 feet away from the furnace and there's a large amount of them. My landlord is also a general contractor so that's why there's a large amount of them.
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December 23, 2008 03:14 AM
as i understand the law (as both tenant and landlord in two parts of my own life), the landlord must have a 'flammable items' permit in massachusetts (and most states) - i'm in MA myself - otherwise his/her insurance policy may be void if the flammable items are not defined and permitted - likewise, as a tenant, you may be directly sued by the landlord's insurer for improperly storing flammable items - but to your question, the landlord must hold a permit for these items or remove them (you can confirm the precise 'volume' requirement with your town fire department, and they will likely call him within an hour to bug him)...

in reality, nobody pays attention to such draconian measures -think about the amazing number of people storing propane bbq tanks in their homes without permits! ...or the paint and chemicals in most homes (from remodeling)...BUT it all changes when you are a tenant! yes, you may request that he produce a permit for you because you do not 'feel safe' and he will likely remove them rather than go through the hassle of obtaining said permit.

(btw, the term you will be looking for is "hazardous substances" permit - which covers flammable items as well as other, such as lead paints, etc)


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December 23, 2008 03:34 AM
According to this tenant handbook, yes--but the landlord quotes the law without citation and uses it to say no grills!

I bet he doesn't allow Lysol either. It's flammable, too.

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December 23, 2008 05:02 AM
once u r tenant, why the hell you are allowing the landlord to use the basement?

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