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July 9, 2009 Joint Committee on Public Safety and Homeland Security Hearing

Dear Fellow 146 Members,
 
We were well represented at the Joint Committee hearing on Thursday, July 9, 2009! We would like to thank all the 146 members that came out in support and gave testimony in opposition to House Bill 2208 and Senate Bill 917. We also presented about 800 letters that, thanks to all you, were a compelling piece to our argument. GREAT JOB EVERY ONE!!!
 
The following are the letters opposing SB.917 that our association presented to the Joint Committee. Please make copies and sign them and get them off to your local Representatives and Senators and the entire Joint Committee, ASAP! Ask them to voice their opposition to HB.2208 and Senate Bill 917 to the Joint Committee. It is all about the votes and if they don't have the votes, then they won't be able to continue wasting the time of the legislature on these issues.
 
It remains to be seen if these bills make it past this committee, but we suspect that they will. Untill these bills are dead, we can't rest.
 
Thanks to All of You,
The Chapter 146 Association
 
7 / 9 / 2009

Representative Michael A. Costello
House Chair, Joint Committee on Public Safety and Homeland Security
State House, Room 167, Boston, MA 02133

Dear Representative Costello,

RE: Opposition to Senate Bill 917 and the need for more Massachusetts State District Engineering Inspectors.

Senate Bill 917’s intent is to legitimize the current organization chart of the Department of Public Safety which digresses from the original intent of the Department of Public Safety. The engineering section is understaffed by 7 State District Engineering Inspectors at the minimum and for about 8 years the Deputy Commissioner’s position has been left vacant. As of this writing, there is no will in the Department to fill these positions. To complicate the situation, the Department in 2006 appointed an unlegislated 2 Chiefs of Inspections (Mechanical and Buildings) when statute only calls for one and there is a potential for conflicts. Meanwhile, the administration end is fully staffed.

Removing the Deputy Commissioner, Chief of Inspections and Division of Inspections from statute (per Senate Bill 917)
continues this misguided direction and underestimates the public safety needs of the Commonwealth. Any more dwindling of District Engineering Inspectors could jeopardize further the state’s ability to cover inspections in the power industry properly and their various other duties.* See Footnote. 

The following numbers are figures from the Department and we urge you to verify them for yourself.

The Division has close to 3,000 boilers and air tank inspections that need to be completed yearly; yet 9 District Engineering Inspectors can complete only 500. 

Historical data shows that for every $1 the Department allocates to new inspector hires, it produces $3 in return, however the Department is fast growing its numbers administratively. This inefficient philosophy has to stop if the Department is to improve.

FY                   DPS Budgeted          Budget                      Total
Revenue         Inspections                 Retained                    DPS
2005               $4,452,672                $850,000                   $16,922,922
2006               $5,062,854                $1,700,000                $19,193,814
2007               $5,123,696                $1,700,000                $18,494,648
2008               $5,096,358                $1,818,000                $19,704,799
2009               $5,268,855                $1,818,000                $19,205,778 

Budget Increase        $968,600
(retained revenue toward hiring inspectors)

Revenue Increase     $2,282,856


I urge you stop Senate Bill 917 now, return the Department to it efficient and effective administrative roots born out of Chapter 22 and direct the funds to fill the open District Engineering Inspector positions. 

Sincerely,

The Chapter 146 Association,
 
7 / 9 / 2009

Representative Michael A. Costello
House Chair, Joint Committee on Public Safety and Homeland Security
State House,
Room 167,
Boston, MA 02133

RE:  Senate 917, “An Act Relative to the Oversight of Inspections” ought not to pass.

Dear Chairman Costello:

Senate Bill 917 will eliminate the titles of “Deputy Commissioner”, “Chief of Inspections”, and the “division of inspection” from the Department of Public Safety.

These sweeping changes pass a straw house over to the Commissioner of Public Safety who serves at the pleasure of the Governor in co-terminus. Therefore, the Inspectors will be subjected to undue political influence compromising code enforcement and subjecting their decisions to endless appeals and waivers.

Furthermore, Massachusetts General Law, Chapter 22 is organized to provide a stable line of succession. This will not exist if Senate Bill 917 passes.

The Department of Public Safety has not had a Deputy Commissioner for about 8 years even though Chapter 22: Section 5 mandates it. Senate Bill 917, if it emerges out of this committee as “ought to pass”, will condone this disregard for statute.

Currently, the “Chief of Inspections” is a viable entity in the Division of Inspections. Chapter 22: Section 4A makes that possible. By this unique provision, the Chief is forced to follow the law and the inspectors can do their jobs buffered from politics.

A major upending of the Division is not going to solve any problem. For example, the Division’s engineering section has close to 3,000 boilers and air tanks that need to be inspected each year; yet only 500 units are inspected. This is due to understaffing since we only have 9 District Engineering Inspectors to do the job of 16 or more. The fix is simple… Hire more inspectors. The benefits outweigh the costs 3 to 1, since 3 dollars are gained for every 1 dollar invested in hiring new inspectors.

Therefore, we can protect public safety and keep the Department afloat financially if we invest in the Division, Chief, and Inspectors, and foster a stable Department. We can have a win-win situation, but not with Senate Bill 917.

I urge you and the Joint Committee members to recommend “ought not to pass” on Senate Bill 917 and push for legislation that will get the funding to do the job as the Department was designed to do.

Sincerely,

The Chapter 146 Association,