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November 23, 2024 Rain | 42°F
The 193rd General Court of the Commonwealth of Massachusetts

Section 13: Consolidated department of municipal inspections; petition summary; ordinance or by-law

Section 13. (a) The following shall be the summary to be inserted in the petition described in section five:

''Section thirteen of chapter forty-three C of the General Laws authorizes the legislative body to provide, by ordinance or by-law, for a consolidated department of municipal inspections which may include the inspections currently being made by the building inspector, wire inspector, plumbing inspector, gas fitting inspector, health agent and others as the ordinance or by-law may specify.''

(b) Notwithstanding any provision of law to the contrary, in any city or town which accepts the provisions of this section by vote of the people, the legislative body, subject to all applicable provisions of the city or town charter, shall have the authority to adopt an ordinance or by-law providing for a consolidated department of municipal inspections.

(c) Any ordinance or by-law adopted pursuant to this section shall provide for (i) a director of municipal inspections who shall be appointed by and shall be responsible to the chief executive officer or the chief administrative officer of the city or town as the ordinance or by-law shall specify, (ii) the term of office of the director of municipal inspections which shall be not less than three nor more than five years, subject to removal as may be otherwise provided in the charter of the city or town.

(d) Any ordinance or by-law adopted pursuant to this section may include, but need not be limited to, the following: (i) coordination of all inspection functions carried out by any municipal officer or agent, (ii) maintenance of all records relating to inspections in a central place through a common index, (iii) a single application process which would indicate all inspections which might be necessary, including, but need not be limited to, any inspections under the zoning and other local ordinance or by-law, building code, wire code, plumbing and gas code, state sanitary code, board of health rules and regulations, fire code, conservation commission, historic districts commission and any other local inspections as may be otherwise authorized. Any ordinance or by-law adopted pursuant to this section may provide that any agency performing an inspection function shall be continued but that for administrative purposes all personnel performing inspection functions for the existing agency shall, when performing such inspection services, be subject to the administrative control and direction of the director of municipal inspections, but not otherwise.

(e) Any ordinance or by-law adopted pursuant to this section shall provide for the appointment of all other personnel necessary to staff the department as constituted in the ordinance or by-law. Unless some other provision is made in the city or town charter for the appointment of officers and employees the director of municipal inspections shall appoint all personnel under his direction and control subject to the approval of the appointing authority as provided for his office.