State Fire Marshal: Recent Chimney Fires Prompt Heating Fire Safety Reminder

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STOW, Mass. — After two recent fires that spread from chimneys to the surrounding structures, Holland Fire Chief James Gagne, Holyoke Fire Chief John Kadlewicz, and State Fire Marshal Jon Davine are reminding residents that having their chimneys and flues inspected and cleaned can help reduce the risk of one of the season's most common types of fires.
 
The fires took place on Island Road in Holland on Nov. 24 and on Lynch Drive in Holyoke on Nov. 28. Fortunately, no injuries were reported at either event. The Holyoke fire caused damage to the area around the home's fireplace, but the Holland fire caused serious damage to the structure. Local officials and State Police fire investigators assigned to the State Fire Marshal's office determined that voids or gaps allowed flames or embers to escape the homes' chimneys.
 
"Most chimney fires start with a buildup of creosote from a season or more of burning wood," said Chief Gagne. "Creosote is flammable, and having your flue professionally cleaned each year can reduce the risk of it catching fire."
 
"A crack or gap in your chimney can allow sparks, embers, superheated gases, and creosote fires to ignite the walls or roof around it," said State Fire Marshal Davine. "Having a professional inspect your chimney each year can identify problems before they become emergencies."
 
Massachusetts fire departments reported 1,351 heating equipment fires last year, and nearly 500 of them involved chimneys and flues. These fires caused five firefighter injuries, one civilian injury, and more than $3.3 million in damages. Most of these fires can be prevented by having the chimney and flue professionally inspected and cleaned each year. It's not too late to have it done this season, fire officials said: it could save your home, and more importantly, it could prevent a tragedy.
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SJC Dismisses Pittsfield Cell Tower Suit

Staff reportsiBerkshires
PITTSFIELD, Mass. — The Supreme Judicial Court has affirmed a lower court's order to dismiss a lawsuit over the cell tower on South Street. 
 
The court's opinion, released Thursday, found that the city had no authority to pre-empt federal legislation, specifically the Federal Telecommunications Act of 1996.
 
The finding comes four years after the Board of Health issued — and then rescinded — an order for Verizon to cease the tower's operations. 
 
Six residents in the Shacktown neighborhood have been fighting Verizon over the construction of the tower and the purported health issues they've suffered from the radio frequencies emanating from it. They first sought a ruling against the Zoning Board of Appeals over the notification process, which was dismissed. 
 
They sought relief through the Board of Health, which discussed the problem for nearly a year before issuing a cease and desist to Verizon in 2022 if it did not respond to a show-cause hearing about the effects of RF radiation within seven days. Verizon, operating as Pittsfield Cellular Telephone, asked for a declaratory judgment from the U.S. District Court in Springfield against the city. 
 
The Health Board, citing fears of litigation, withdrew the order and the residents, in turn, sued the city for failing to protect them. 
 
The case was first heard in Superior Court on July 28, 2022, which dismissed the suit based on pre-emption of federal laws. The plaintiffs appealed and the Supreme Judicial Court, on its own initiative, transferred the case from the Appeals Court.
 
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