SECTION 1. Chapter 10, as so appearing in the 2012 Official Edition of the Massachusetts General Laws, is hereby amended by inserting after Section 35XX, the following new Section:-
Section 35YY. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Wiring Inspector Education Trust Fund. The fund shall consist of fifty percent of monies paid to the state’s board of electrical examiners or board of electricians’ appeals pursuant to section 65A of chapter 112; or section 5 of chapter 141, together with any interest or earnings accrued on such monies through investment or deposit. The state treasurer shall be the custodian of the fund and shall receive, deposit and invest all monies transmitted to him under this section in accordance with sections 34, 34A and 38 of chapter 29 in such a manner as to secure the highest rate of return available consistent with the safety of the fund, and shall credit interest and earnings on the trust fund corpus to the trust fund. The state treasurer shall transfer funds from the income and receipts of the fund to the secretary of administration and finance, from time to time, at the request of the secretary. The secretary shall administer grants from the fund, without further appropriation, and shall award them to inspector of wires associations, cities or towns in the commonwealth to provide education, training, professional and support services for the benefit of inspectors of wires appointed in accordance with section 32 of chapter 166 and charged with the enforcement of chapter 141 and chapter 147.
The secretary shall develop written criteria for the awarding of grants and other funding allocations, which shall be evaluated and, if necessary, revised on an annual basis. The secretary shall file a report detailing the amount of funds collected and expended from the fund along with a copy of the written criteria used to expend the funds to the house and senate committees on ways and means annually not later than February 28. An amount not to exceed 5 per cent of the total funds deposited in the fund may be expended by the secretary for administrative costs directly attributable to the grants and programs funded by the fund, including, but not limited to, the costs of clerical and support personnel. Any unexpended balance of monies in the fund at the end of the fiscal year shall not revert to the General Fund but shall remain available for expenditure from such fund in subsequent fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year.
SECTION 2. Chapter 112, as so appearing in the 2012 Official Edition, is hereby
amended in Section 65A by striking in line 7 the figure “$1,000” and inserting the
following figure:- $2,500
SECTION 3. Said Section 65A of chapter 112 is hereby further amended in line 8 by
striking the figure “$2,500” and inserting the following figure:- $5,000
SECTION 4. Chapter 141, as so appearing in the 2012 Official Edition, is hereby
amended by striking section 5 in its entirety, and by inserting therein the following
new section:- Section 5. Any person, firm or corporation, or employee thereof, and
any representative, member or officer of such firm or corporation individually,
entering upon or engaging in the business and work hereinbefore defined, or
publicly holding oneself out as so authorized, without the appropriate certificate
described in section 3 of this chapter, shall for the first offence be punished by a
fine of not less than one thousand nor more than two thousand-five hundred
dollars, and for a subsequent offence by a fine of not less than two thousand-five
hundred dollars nor more than five thousand dollars or by imprisonment in the
house of correction for six months, or both.
The examiners and the inspectors of wires in each city and town, as defined in
section thirty-two of chapter one hundred and sixty-six, shall be charged with the
enforcement of this chapter, including notification of violations with respect to
security systems to the department of public safety consistent with the provisions
of sections 57 to 61, inclusive, of chapter 147. They shall have all necessary
powers to require compliance therewith, including, but not limited to, the power to
institute and prosecute proceedings in the superior court department of the trial
court and the power to ensure appropriate injunctive relief to expedite the secure
enforcement of its order against conduct requiring licensure in accordance with the
provisions of this chapter, chapter 147, and regulations promulgated thereunder.
SECTION 5. Chapter 143 of the General Laws, as appearing in said edition, shall
hereby be amended in Section 3L by striking the words “five hundred” in line 28
and inserting in place thereof, the following words:- five thousand
SECTION 6. Said Section 3L of said chapter shall hereby be further amended in line
5 by inserting after the word “purposes” the following:- and of systems as regulated
in chapter 141 for life safety purposes
SECTION 7. Said Section 3L of said chapter shall hereby be further amended in
lines 22 and 31 by inserting after the word “fixtures” the following:- or systems
SECTION 8. Said chapter 143 shall be further amended in
Section 3P by inserting in line 7 after the word “appeal” the following words:- and
decide such appeal, subject to chapter 30A relative to adjudicatory proceedings,
SECTION 9. Said section 3P of chapter 143 shall be further amended in the second
paragraph by striking the second, third, fourth and fifth sentences.
SECTION 10. Said section 3P of chapter 143 shall be further amended by striking
the third paragraph in its entirety and inserting place thereof the following: - The
board’s decision shall be final and binding upon all parties in interest, except that
compliance with any notice, interpretation, order, requirement or direction of an
inspector of wires or other person charged with the enforcement of the rules and
regulations of the board of fire prevention regulations by any person who continues
to practice a trade or profession after his certificate, registration, license or
authority to do so has been suspended, revoked or cancelled under section 61 of
chapter 112 shall be excused pending the final determination of any appeal
therefrom taken under this section.
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