Cal. Civ. Code § 26H
Lodging or boarding houses; automatic sprinkler systems
Operative Text
Section 26H. In any city or town which accepts the provisions of this section, every lodging house or boarding house shall be protected throughout with an adequate system of automatic sprinklers in accordance with the provisions of the state building code. No such sprinkler system shall be required unless sufficient water and water pressure exists. In such buildings or in certain areas of such buildings, where the discharge of water would be an actual danger in the event of a fire, the head of the fire department shall permit the installation of such other fire suppressant systems as are prescribed by the state building code in lieu of automatic sprinklers. The head of the fire department shall enforce the provisions of this section. For the purposes of this section ''lodging house'' or ''boarding house'' shall mean a house where lodgings are let to six or more persons not within the second degree of kindred to the person conducting it, but shall not include fraternity houses or dormitories, rest homes or group residences licensed or regulated by agencies of the commonwealth. Any lodging or boarding house subject to the provisions of this section shall be equipped with automatic sprinklers within five years after acceptance of this act by a city or town. Whoever is aggrieved by the head of the fire department's interpretation, order, requirement or direction under the provisions of this section, may within forty-five days after the service of notice thereof, appeal from such interpretation, order or requirement to the board of appeals of the fire safety commission as provided in section two hundred and one of chapter six.
Mass. Gen. Laws c. 148 § 26H establishes a local-option fire-safety rule: in any Massachusetts city or town that formally adopts this section, lodging houses and boarding houses — defined as dwellings that rent rooms to six or more unrelated occupants — must be equipped with a complete automatic sprinkler system meeting state building code standards. The requirement is contingent on adequate water supply and pressure, and in areas where water discharge would itself pose a fire hazard, an alternative suppression system approved by the state building code may be substituted. Fraternity houses, dormitories, rest homes, and state-licensed group residences are explicitly excluded from the definition. Enforcement authority rests with the local fire department chief, and operators have five years from the date their municipality accepts the provision to achieve full compliance.
Plain English — not legal advice.
Operators of lodging or boarding houses in municipalities that have adopted Mass. Gen. Laws c. 148 § 26H generally ensure that a state-building-code-compliant automatic sprinkler system is installed throughout the entire property within the five-year window that begins when the municipality accepts the provision. Compliant operators also verify that adequate water supply and pressure support the system, and where water-based suppression would create a hazard in specific areas, they work with the local fire chief to obtain approval for an alternative code-prescribed suppression system. Owners who receive an interpretation, order, or directive from the fire chief that they believe is incorrect have a 45-day window from the date of notice to file an appeal with the Board of Appeals of the Fire Safety Commission under Chapter 6, Section 201.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants residing in lodging or boarding houses in cities or towns that have adopted Mass. Gen. Laws c. 148 § 26H have an interest in knowing whether their building is covered by this sprinkler requirement and whether the five-year compliance deadline has passed. If a building appears to lack the required suppression system, tenants can contact the local fire department, which holds enforcement authority under this section, or reach out to a local tenant-rights organization for guidance on available options. Anyone aggrieved by a fire chief's order or interpretation under § 26H may appeal to the Board of Appeals of the Fire Safety Commission within 45 days of receiving notice, and consulting a housing or fire-safety attorney can help clarify whether that or another enforcement path applies to a given situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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