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HOUSE DOCKET, NO. 5018        FILED ON: 5/18/2010

HOUSE  .   .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4697

[LOCAL APPROVAL RECEIVED.]

 

The Commonwealth of Massachusetts

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PRESENTED BY:

Stephen Stat Smith

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:

An Act Authorizing the City of Everett to Create an Inspectional Services Department in the City of Everett.

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PETITION OF:

 

Name:

District/Address:

Stephen Stat Smith

28th Middlesex


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand and Ten

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An Act Authorizing the City of Everett to Create an Inspectional Services Department in the City of Everett.


 

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.

(a)               There is hereby established under the provisions of chapter 43B § 13 of the Massachusetts General Laws in the City of Everett a Department of Inspectional Services, which shall be responsible for the coordination and management of the inspection related activities of the city assigned by this act. Said department of inspectional services shall be responsible for and shall perform the following functions:

(1) Coordination of all inspection functions carried out by any officer or employee who falls within the scope of this ordinance;

(2) Maintenance in a central place of all records relating to inspections;

(3) Coordination of enforcement actions for violations of any provision of the General Laws, state building code, city ordinances, including but not limited to Chapter 13A, rules or regulations which are subject to enforcement by any officer or employee of the city. The Department of Inspectional Services shall be available to consumers in order to assist them in implementing the intent of this act;

(4) The rendering of advice, assistance and guidance to all city offices and agencies in any matter relating to city inspection services; and

(5) The rendering of advice, assistance and guidance to all members of the public relating to city inspection services and the development of user friendly systems for the convenience of the public. All inspections performed by or under the authority of the building inspector, board of health, inspector of gas piping and gas appliances, plumbing inspector, zoning enforcement officer and every other local inspection as may be authorized shall be coordinated through the Department of Inspectional Services.

(b)               The Department of Inspectional Services shall be headed by a director of inspectional services. The director of inspectional services shall have the following specific powers and duties:

(1) To establish a full and complete inventory of all inspection services performed by any officer of the city that falls within the scope of this ordinance;

(2) To establish common files, by property address, which will be accessible to all persons performing inspection services for the city, containing recordings of all inspections performed by any city officer or employee; and

(3) To provide common services for all inspection related personnel and centralized location for consumers of city inspection services; the chief of inspectional services shall also be available to said consumers in order to assist them in implementing the intent of this act.

(c)               The director of inspectional services shall assure quality control by:

(1) Expediting the issuance or denial of all permits;

(2) Establishing a service manual within 90 days of appointment; and

(3) Performing such other duties and responsibilities as may be established by city ordinance.

(d)               The Department of Inspectional Services shall consist of the following divisions:

(1) The division of building inspection and maintenance, which shall be responsible for the enforcement of the provisions of the state building code pertaining to buildings and other structures and for enforcement of related ordinances in the Revised Ordinances of the City of Everett, including, but not limited to the Zoning Ordinance;  

(2) The division of plumbing, which shall be responsible for the enforcement of all provisions of the state building code applicable to plumbing and for enforcement of related ordinances in the Revised Ordinances of the City of Everett;

(3) The division of gas fittings and gas appliances, which shall be responsible for the enforcement of all provisions of the state building code applicable to gas fittings and gas appliances and for enforcement of related ordinances in the Revised Ordinances of the City of Everett;

(4) The division of electrical inspections and maintenance, which shall be responsible for the enforcement of all the provisions of the state building code applicable to electrical wires and electrical fixtures and shall be responsible for the ordinary maintenance of electrical wires and fixtures in city buildings and other structures including all city recreational facilities and for the operation and maintenance of the electrical components of the traffic regulatory signals and devices and fire alarm signals and devices and for enforcement of related ordinances in the Revised Ordinances of the City of Everett;

(5) The division of health and sanitation, which shall be responsible for enforcement of all provisions of the state sanitary code promulgated by the department of public health of the commonwealth which are subject to enforcement by cities and towns and to adopt from time to time additional regulations as are necessary or desirable to protect the public health of the citizens of Everett and to enforce all regulations so promulgated.

(6) The division of code enforcement, which shall be responsible for enforcement of all provisions of the City of Everett Revised Ordinances Chapter 13A

(7) The following multiple member bodies shall, for administrative and communication purposes only, be considered to be within the department of inspectional services:

( i )               Board of Appeals 

Nothing in this act shall be construed as giving the director of inspectional services authority to direct the activities of any of these multiple member bodies when they are exercising their official duties.

SECTION 2. The provisions of this act shall not affect the civil service status of any of the positions within the divisions of the Department of Inspectional Services.

SECTION 3. The Mayor of the City of Everett shall appoint a director of inspectional services who shall be the executive and administrative head of the department subject to Board of Alderman confirmation. The term of office shall be for three years without any tenure and shall not be extended, without reappointment, beyond said three-year term. Such director shall possess all the necessary qualifications, experience and certification required for an inspector of buildings or building commissioner under the provisions of chapter 143 of the General Laws. SECTION 4. The Mayor of the City of Everett may remove the director of the Department of Inspectional Services from office before the term of appointment has expired.

SECTION 5. The appointment of a chief of inspectional services shall satisfy the requirement of chapter 143 of the General Laws as to the appointment of an inspector of buildings or building commissioner. SECTION 6. Any agency performing an inspection function outside of the scope of this ordinance shall be continued.

SECTION 7. All books, papers, documents, equipment, land and any other property, which is in the custody and control of any agency or department affected by this consolidation shall be transferred by the former department to the Inspectional Services Department. All contracts in force shall be continued in force by the Department of Inspectional Services until they expire or are otherwise cancelled.  Any judicial proceedings in which any department affected by this consolidation is a party, shall not be affected by the consolidation, but the Inspectional Services Department shall stand in the place of this former department.

SECTION 8. This act shall take effect upon its passage.

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