Amidst mounting tension within the community over his lack of state certification, Director of Inspectional Services Myles Burke presented the Board of Selectmen Tuesday with a packet defending his qualifications.

The marathon, 4 1/2-hour Selectmen's meeting adjourned before Burke had the opportunity to formally present his packet to the board. Burke, however, provided Wareham Week with a copy of the submitted documents: a letter to the board, a resume, letters of recommendation from former employers, and what he described as applicable state laws.

Burke has come under fire in recent weeks for the Building Department’s issuance of a building permit for a group home for the mentally ill slated to open on a suburban cul-de-sac off of Swifts Beach Road. He and Town Administrator Mark Andrews have additionally been criticized for not alerting the full Board of Selectmen to the situation until after a 30-day appeals period had expired.

Burke has said repeatedly said the town's hands are tied because the home falls under state licensure and is exempted from local zoning regulations.

But Burke has been the subject of controversy for months.

Hired in April 2010 by Town Administrator Mark Andrews, who had worked with Burke when both held jobs with the City of Lawrence, Burke's starting salary was $24,000 above the $51,000 salary posted for the job. Critics accused Andrews of cronyism, particularly since Burke was not a state-certified building inspector.

He is currently functioning in an 18-month grace period defined by state law, allowing him to perform the duties of an inspector while seeking certification.

(Wareham Week incorrectly reported last week that Burke could not legally inspect buildings. We apologize for this error.)

Adding to the recent contention, the town is slated to be without a building inspector after July 15 following the resignation of part-time building inspector Andrew Williams.

The state Department of Public Safety has on several occasions indicated that Burke does not meet the minimum qualifications to even be allowed to take the inspector’s examination, specifically that he lacks the required experience in the supervision of building construction or design.

Meanwhile, Town Administrator Andrews has maintained that certification is not a requirement of the position of Director of Inspectional Services – because the director need only supervise those who perform the actual inspection.

In January Andrews stated: "He has all the credentials to do his job. ... He oversees the department, he's not an inspector. When Burke visits buildings, “he'll make an assessment and then [Building Inspector] Andy [Williams] will follow up.”

In a May 27 letter, the state Building Official Certification Committee indicated that Burke, as a building official, must be certified.

In the packet given to Selectmen on Tuesday, Burke pointed to CMR 110.R7 of the Massachusetts Building Code that allows the 18-month conditional appointment to allow for certification testing, and grants up to three six-month extensions with the approval of the state certification committee.

Under that law, Burke can issue occupancy permits and is allowed to complete building inspections.

The packet also listed Burke’s 25 years of experience and provided letters of recommendation from former employers in Lawrence where he worked for the Lawrence Housing Authority for 15 years and as a housing specialist and commissioner of inspectional services for three years.

In the letter to Selectmen, Burke stated: “I am currently appealing the decision of the Certification Committee as I legally perform all the duties required under my appointment...I am at a loss why... I am not being recognized for inspecting...” [The decision by the state to deny Burke the ability to sit for the exam to become certified] is unfair when you consider that everyone working for the buildings department in the state of Massachusetts prior to November 12, 1992 had their certification grandfathered and never had to pass any exams. I am not asking for any waivers... [I] look forward to sitting for the exams to achieve certification as a Building Inspector/ Commissioner.”

Burke said he has consulted legal counsel to learn of any recourse he could have against the state for disallowing him to take the exam. Burke said he would pay for the lawyer himself.