By the Division of Professional Licensure

21.01: Purpose

The Board of Electricians' Appeals, whose membership consists of the members of the State Examiners of Electricians, is established to hear appeals filed with the Board by any person aggrieved by a notice, interpretation, order, requirement, or direction of any local Inspector of Wires or other person charged with the enforcement of the rules and regulations of the Board of Fire Prevention Regulations (527 CMR).

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21.02: Definitions

The following definitions shall apply to the provisions of 237 CMR 11.00:

" Board" means the Board of Electricians' Appeals.

" Inspector" means the local Inspector of Wires appointed by any city or town in accordance with M.G.L. c. 166, §32.

" State Examiners" means the Board of State Examiners of Electricians.

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21.03: Filing an Appeal

(1) Written Appeal.
Any person aggrieved by a 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 may, within ten (10) days after notice thereof, appeal to the Board. Such appeal shall be in writing and state all matters pertinent to the appeal, including a copy of the Inspector's written notice of disapproval of the subject electrical work.

(2) Fee.
The fee for filing an appeal shall be that set by the Secretary of Administration and Finance of the Commonwealth of Massachusetts and may be paid by check or money order payable to the Commonwealth of Massachusetts.

(3) Hearings

(a) Scheduling of Hearings. Upon receipt of an appeal filed in compliance with this section, the Board shall schedule a hearing.

(b) Conduct of Hearings. The hearings held by the Board shall be conducted in accordance with the State Administrative Procedure Act, M.G.L. c. 30A, and the Standard Adjudicatory Rules of Practice and Procedure, 801 CMR 1.01 et seq. The Board shall hear all pertinent evidence and shall make findings of fact based on such evidence.

(c) Decision and Order. The Board shall issue a written decision and order reversing, affirming, or modifying, in whole or in part, the notice, interpretation, order, requirement, or direction of the Inspector of Wires. The Board shall send a copy of the completed decision by certified mail to all parties.

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21.04 Effect of local By Laws and Ordinances

Unless otherwise noted in M.G.L. c. 143 §§3 through 60 inclusive, the State Board of Fire Prevention Regulation, including the Massachusetts Electrical Code, as incorporated into the state building code, supercedes any and all local by laws and ordinances relating to the installation, repair, and maintenance of electrical wiring and electrical fixtures used for light, heat, power, fire warning or security system purposes.

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REGULATORY AUTHORITY:
M.G.L. c. 13, § 32A, M.G.L. c.143, §3P