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  • Acts
  • 1999
  • Chapter 51 AN ACT ESTABLISHING A DEPARTMENT OF INSPECTIONAL SERVICES IN THE CITY OF LYNN.

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 in the city of Lynn 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 and for the coordination of all activities of all other city agencies in relation to any inspection services. 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 of the city;

(2) maintenance in a central place of all records relating to inspections including a common index;

(3) coordination of enforcement actions for violations of any provision of the General Laws, state building code, city ordinances, 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) development of a single application form indicating all inspections which may be necessary;

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

(6) 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, historic districts commission, inspector of gas piping and gas appliances, plumbing inspector, sealer of weights and measures, 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 chief of inspectional services. The chief 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;

(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 chief of inspectional services shall assure quality control by:

(1) reviewing a least 15 per cent of all inspections;

(2) expediting the issuance or denial of all permits;

(3) establishing a service manual within 90 days of appointment; and

(4) 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 shall be responsible for the ordinary maintenance of all city buildings;

(2) the division of plumbing, which shall be responsible for the enforcement of all provisions of the state building code applicable to plumbing;

(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;

(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;

(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 Lynn and to enforce all regulations so promulgated. A sealer of weights and measures shall, for administrative purposes, be within the division of health and sanitation; and

(6) 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

(ii) board of examiners

(iii) fence viewers

(iv) board of health.

Nothing in this act shall be construed as giving the chief 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 Lynn shall appoint a chief of inspectional services who shall be the executive and administrative head of the department subject to city council 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 chief 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 Lynn may for cause pursuant to the removal procedure established in section 6-6 of the city charter of said city remove the chief of the department of inspectional services from office before the term of appointment has expired. The city council may, for cause, by following the removal procedure established in section 3-7(d) of said city charter, by a two-thirds vote, remove the chief of said department 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. Said chief shall be exempt from the provisions of chapter 31 of the General Laws.

SECTION 6. Division heads shall be appointed by the mayor subject to city council confirmation. The term of office shall be for three years without any tenure or rollover provisions.

SECTION 7. Division heads shall appoint all other officers and employees serving under them subject to the approval of the chief of inspectional services and the mayor.

SECTION 8. The provisions of this act shall not impair the terms and conditions of employment of any person currently employed as a division head on the effective date of this act. Division heads not employed as of the effective date of this act shall be subject to removal for cause by the chief of inspectional services after a hearing that satisfies the requirements of due process.

SECTION 9. This act shall take effect upon its passage.

Approved Auust 12, 1999.