Myles Burke, the town's Director of Inspectional Services, is continuing to seek state certification in order to serve as a building official, and says he continues to perform the duties required of his job under a grace period defined by state law.

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

Burke has maintained that he does have the experience and has appealed the decision multiple times.

Though it has been more than 18 months since he was appointed to the job in April 2010, Burke said he is functioning as a building official under an 18-month conditional appointment to allow for certification testing.

"Under [the] appeal, and just like in any other court case, if there was time ticking, once that appeal is put in ... it puts a halt" on the clock, Burke said.

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

Burke was scheduled to appear at a public hearing before the state Building Official Certification Committee on Wednesday, November 2 to discuss the matter. The meeting was rescheduled to December 7, however, because snowstorms caused a power outage at the Sturbridge Public Safety Building in Sturbridge, Mass., where the meetings are held, Burke said.

Citing his 26 years of municipal service and various certifications he holds, such as sheet metal inspectors' and lead paint inspectors' certifications and an "unrestricted construction supervisors' license issued by the state of Massachusetts," Burke said he is frustrated that he isn't being allowed to take the test.

"It's kind of unfair ... to not let me get up to the plate and expect me to hit a home run," he said.

Burke's employment in Wareham has been the subject of questioning since he was hired 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. Andrews responded to the concerns by pointing out that Burke would be taking on additional duties in the position.

The job posting for Burke's position indicated that the successful candidate must "be able to obtain within six months of employment Certification as an Inspector of Buildings/Building Commissioner."

Andrews and Burke, however, have said 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 inspections.

Tuesday, Burke said he "wasn't forced" to obtain state certification.

"In my position here, it's not a requirement," he said. But, he added: "It's not an option for me [to not obtain certification]. My option is that I attain that certification. I'm not playing that game where I'm just trying to be a figure head."

Burke noted that he's not asking the state "for exemptions [or] even an extension of time" to take the test, just the opportunity to take it.

Officials from the Department of Public Safety did not immediately return requests for comment.