Town vows to step up code enforcement, inspection chief hits road block
As town officials this week vowed to step up health and building code enforcement throughout Wareham, Director of Inspectional Services Myles Burke was dealt another blow in his pursuit of state certification.
On Tuesday, Town Administrator Mark Andrews announced that a new code enforcement task force is being formed to go after the “Dirty Dozen:” property owners with grossly dilapidated buildings that don’t meet building and health codes. Andrews said he met last month with Health Agent Robert Ethier, Burke, and Town Counsel to discuss ways to force compliance with codes.
Meanwhile, Burke said on Monday that, although he has not received official word from the state, he’s heard that the state Building Official Certification Committee has again rejected his bid to take the test he needs to become a certified building official.
The state board has maintained that Burke lacks the required five years’ experience in the supervision of building construction or design and thus does not meet the minimum qualifications necessary to take the inspector’s examination.
After appealing the Certification Committee’s previous decision to the State Building Code Appeals Board, Burke was granted an opportunity to “present specific details regarding his qualifications and experience in order to prove his eligibility to sit for the building official certification examination,” according to the appeal document.
Burke appeared before the committee in December with dozens of documents — which he provided to Wareham Week — including letters from supporters and a packet of copies of various certifications he holds. He later provided a two-page timeline outlining what he considers his supervisory experience.
Former Lawrence mayor Michael J. Sullivan, for whom Burke worked as chief of staff and as Director of Inspectional Services, attended the hearing to speak to Burke’s qualifications.
The committee did not take a vote that day, Burke said. He was not present for the vote, which apparently took place earlier this month. Public documents regarding the vote and decision were not immediately provided to Wareham Week by the state Department of Public Safety.
“I’ve never tried to circumvent any of the administrative regulations in the Code [of Massachusetts Regulations],” a frustrated Burke said this week. “If I was looking for waivers or grandfather [clauses], I can see the state digging their heels in.”
Burke was hired in April 2010. He and Town Administrator Mark Andrews have maintained that becoming certified was not a requirement of the position of Director of Inspectional Services – because the director need only supervise those who perform the actual inspections.
Burke says that obtaining certification was always his goal. The state has said that, as a building official, Burke must obtain certification.
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.”
Critics accused Andrews of cronyism, since he and Burke had worked together when both held jobs with the City of Lawrence, because Burke was able to negotiate for a salary $24,000 above the $51,000 salary posted for the Wareham job, and because Burke was not state-certified.
Andrews responded to the concerns by pointing out that Burke would be taking on additional duties in the position.
Burke is currently functioning as a building official while he seeks certification under a grace period defined by state law. He said he could again appeal the committee’s decision, possibly to Superior Court, but added that he is unsure what his next step will be and is currently consulting with his lawyer.
Town Administrator Mark Andrews did not respond to a request for comment on the matter.
At Tuesday’s Board of Selectmen meeting, Andrews spoke enthusiastically about the new task force. He said he plans to meet with other members of the Massachusetts Municipal Association to learn how other communities have successfully dealt with dilapidated properties.