A building owner in Holyoke, Massachusetts has filed suit against the city’s Fire Prevention Captain and the Holyoke Fire Department, seeking to overturn a Notice of Violation issued in connection with the building’s sprinkler and alarm systems.

Whiting Building, LLC filed the action in Hampden County Superior Court on August 14, 2025. The suit names Captain Michael Boucher, Fire Prevention Captain for the City of Holyoke, and the Holyoke Fire Department as defendants.

According to the complaint, Whiting owns commercial buildings located at 52-54 and 56-58 Suffolk Street in Holyoke, leased primarily to artists and musicians. On December 23, 2024, a fire rendered the building’s boiler inoperable. Whiting installed temporary electric heaters and purchased replacement boilers, but the City’s Building Commissioner ultimately denied a permit for installation, leaving the premises without heat during a period of extreme cold.

Whiting claims that in January 2025, with no heat available, it drained all water pipes, including the sprinkler system, to prevent freezing damage. The company’s contractor allegedly received oral authorization from a fire department representative to take this step, though no written permit was issued.

On January 31, 2025, the City of Holyoke Building Commissioner issued a Notice of Violations citing lack of heat and the disabled sprinkler system. Shortly thereafter, the City’s Building Department and Board of Health revoked the certificate of occupancy, condemned the building, and assumed physical possession on February 3, 2025. Since that date, Whiting alleges its access has been restricted and electrical service has been controlled by the City.

On June 16, 2025, Captain Boucher issued a Notice of Violation citing M.G.L. c. 148 § 27A for the inoperable sprinkler system and deficiencies in the fire alarm system, ordering Whiting to restore both systems by August 16, 2025, under threat of civil and criminal penalties.
The Notice, issued on Holyoke Fire Department letterhead, states in part:

• In January 2025 the sprinkler system in your building located at 56 Suffolk Street Holyoke, MA 01040 was shut off. The Holyoke Fire Department was not made aware, nor did we approve this action. The fire alarm system located in the same building is also not functioning properly. You are in violation of the Fire Code.

The Notice goes on to direct Whiting to have the sprinkler and alarm systems repaired and operating by August 16, 2025, with an acceptance test inspection conducted by the Fire Prevention Bureau and the Building Department. It warns:

• Failure to do so will result in fines and further legal action.

Whiting asserts that the sprinkler system was disabled lawfully to prevent freezing, a circumstance explicitly permitted by § 27A. The company further argues that oral permission was obtained from the Fire Department, and that its ability to restore the system was prevented by the City’s control of the premises.

The complaint seeks relief under M.G.L. c. 249 § 4 (certiorari review), asking the court to annul the June 16, 2025 Notice of Violation on the grounds that it was arbitrary, capricious, unsupported by substantial evidence, and based on errors of law.

Here is a copy of the complaint: