HomeMy WebLinkAboutMiscellaneous - Fountain Drive (4)BOARD OF ELECTRICIANS'
APPEALS
1N THE MATTER OF )
BEA -14-277
North Andover Housing Authority )
V. )
Peter Murphy, Inspector of Wires )
Town of North Andover )
FINAL DECISION AND ORDER
PROCEEDING PURSUANT TO
M.G.L. C. 143, § 3P
M.G.L. C. 30A
I. STATUTORY AND REGULATORY FRAMEWORK
This proceeding was heard by the Board of Electricians' Appeals ("the Board") on Monday, April
28, 2014 in the first floor conference room at 1000 Washington Street, Boston, Massachusetts,
pursuant to its authority under Massachusetts General Laws (M.G.L.) Chapter 143, Section 3P. The
hearing was chaired by Peter A. Senopoulos, designee of the Chair, State Fire Marshal.
The following Board Members were present at the hearing_
Peter Senopoulos, Chairman, State Fire Marshal's Designee
Kathleen Guinee, Systems Technician Member
Charles Palmieri, Inspector Member
David W. Fenton, Journeyman Electrician Member
Robert Pigeon, Electrical Contractor Member
David M. Edmonds, Department of Elementary and Secondary Education Member representative
Paul J. Cormier, Vocational -Technical Member
The following Board Members were not present at the hearing:
Paul Frisoli, Systems Contractor Member
Ryan E. Toland, Master Electrician Member
James J. Meehan, International Signalman Association Member
The following persons were present at the hearing on behalf of the North Andover Housing
Authori
Gary P. Nangle
The following persons were present at the hearing on behalf of Peter Murphy:
Peter Murphy
The following persons were sworn:
Gary P. Nangle
Peter Murphy
U. PROCEDURAL HISTORY
This matter comes before the Board pursuant to a decision by Peter Murphy, inspector of wires for
the Town of North Andover ("Inspector") against the North Andover Housing Authority
("Appellant"), for rejecting installations of wiring to be performed at a senior housing complex.
After notice to both parties via certified mail, the matter was brought before the Board on April 28,
2014. At that time, testimony was taken and Exhibits A through M were entered into the record.
M. ISSUE PRESENTED
Does the scope of work proposed to be installed by the Appellant require adherence to the
working space requirements of Chapter 110.26 of the National Electrical Code adopted in
Massachusetts, or is said work exempt from such corrections pursuant to Rule 3 of 527
CMR 12.00?
IV. THE FOLLOWING EXHIBITS WERE ENTERED INTO EVIDENCE
EXHIBITS A through M were entered into evidence at the hearing
EXHIBIT A — Notice of hearing
EXHIBIT B — Appeal Notice from Nangle Engineering
EXHIBIT C — Appeal notice assigning agent
EXHIBIT D — Email regarding determination of public records
EXHIBIT E — Nangle Engineering discussion of work
EXHIBIT F — Notice from Inspector of Wires
EXHIBIT F1— Handbook illustration of dimensions
EXHIBIT F2 — Kitchen counter photo
EXHIBIT F3 — Kitchen counter photo
EXHIBIT F4 — Counter close up
EXHIBIT F5 — Close up of panel
EXHIBIT F6 — Panel with cover open
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EXHIBIT F7 — Breaker attached to wire
EXHIBIT F8 — Panel with deficiencies
EXHIBIT F9 — Panel with Breakers
EXHIBIT G — Safety tips for oxygen users
EXHIBIT H — Building layouts
EXHIBIT H1— Electrical arrangement
EXHIBIT H2 — Online diagram
EXHIBIT I — Email of load center discussions
EXHIBIT J — Email to Peter Murphy
EXHIBIT K — Letter from Nangle Engineering contesting finding of Inspector
EXHIBIT L — Service panel photo
EXHIBIT M — Twenty seven page document submitted by Peter Murphy
V. FINDINGS OF FACT AND CONCLUSIONS OF LAW
Upon hearing, the Board hereby makes the following Findings of Fact and Conclusions of Law:
1. M.G.L. c. 143, §3P states, in pertinent part, that "Whoever is 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 days after the service of notice thereof, appeal therefrom, to the
board of electricians' appeals."
2. M.G.L. c. 143, §31, states in part that "[t]he board of fire prevention regulations shall make
and promulgate, and from time to time may alter, amend and repeal, rules and regulations
relative to the installation, repair and maintenance of electrical wiring and electrical fixtures
used for light, heat and power purposes in buildings and structures subject to the provisions
of sections three to sixty, inclusive, and the state building code. Such regulations shall be in
accordance with generally accepted standards of engineering practice, and shall be designed
to provide reasonable uniform requirements of safety in relation to life, fire and explosion...
No person shall install for hire any electrical wiring or fixtures subject to this section without
first or within five days after commencing the work giving notice to the inspector of wires
appointed pursuant to the provisions of section thirty-two of chapter one hundred and sixty-
six. Said notice shall be given by mailing or delivering a permit application form prepared
by the board, to said inspector. Any person failing to give such notice shall be punished by a
fine not exceeding five hundred dollars. This section shall be enforced by the inspector of
wires within his jurisdiction and the state examiners of electricians."
3. M.G.L. c. 166, §32 states in partthat "[a] city or town shall, by ordinance, vote or by-law,
appoint an inspector of wires. Said inspector shall be a licensed electrician... Such inspector
shall supervise every wire over or under streets or buildings in such a city, town or district
and every wire within or supplied from buildings and structures subject to the provisions of
chapter one hundred and forty-three, and the state building code... [and] shall notify the
person owning or operating any such wire whenever its attachments, insulation, supports or
appliances are improper or unsafe, or whenever the tags or marks thereof are insufficient or
illegible; shall, at the expense of the city or town, remove every wire not tagged or marked
as hereinbefore required, and shall see that all laws and regulations relative to wires are
strictly enforced..."
4. Pursuant to 527 CMR 12.00, the Board of Fire Prevention Regulations has adopted (with
Amendments), NFPA 70 as the Massachusetts Electrical Code.
5. Rule 3 of 527 CMR 12.00 states that "[a]dditions or modifications to an existing installation
shall be made in accordance with this Code without bringing the remaining part of the
installation into compliance with the requirements of this Code. The installation shall not
create a violation of this Code, nor shall it increase the magnitude of an existing violation."
6. Section 90.1 of NFPA 70 (2014 edition) as adopted in Massachusetts provides that "[t]he
purpose of this Code is the practical safeguarding of persons and property from hazards
arising from the use of electricity."
7. Section 90.1 (B) of NFPA 70 (2014 edition) states that the code contains "provisions that are
considered necessary for safety. Compliance therewith and proper maintenance will result in
an installation that is essentially free from hazard but not necessarily efficient, convenient, or
adequate for good service or future expansion of electrical use."
8. Section 110.26 of NFPA 70 (2014 edition) states that "[a]ccess and working space shall be
provided and maintained about all electrical equipment to permit ready and safe operation
and maintenance of such equipment."
9. Section 110.26(A) of NFPA 70 (2014 edition) states that "[w]orking space for equipment
operating at 600 volts, nominal, or less to ground and likely to require examination,
adjustment, servicing, or maintenance while energized shall comply with the dimensions of
I I0.26(A)(1), (A)(2), and A(3) or as required or permitted elsewhere in this Code."
10. In or about January of 2014, the North Andover Housing Authority sought permitting and
inspection of a new electrical project at Fountain Drive. The scope of this work included
providing a circuit and GFCI receptacle in forty unit bathrooms as well as adding an electric
range outlet in eight kitchens (which were part of the forty involved in the GFCI
installation). In all cases, the work required utilizing panelboards located in the kitchens.
11. The panelboards in the kitchen portion of the forty units were compliant when originally
installed in the 1960's, however, both parties agree that the panelboards would not meet the
working space requirements of Section 110.26 of NFPA 70 (2014 edition).
12. The parties disagree as to whether the proposed work related to the panelboards would
increase the magnitude of the violation of Section 110.26.
13. The Board finds that based on the evidence presented, the proposed work would increase the
magnitude of the violation of Section 110.26.
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VI. DISCUSSION
In this matter, the Appellant challenges a decision of the Inspector of Wires regarding
an installation in a senior housing complex in North Andover. In the subject complex, the
Appellant seeks to make certain electrical safety upgrades without having to rectify a
violation of the present electrical code. Specifically, each of 40 units to be worked in
contains a panelboard in the kitchen area which does not comply with the working space
requirements of Section 110.26 of NFPA 70, which is adopted as the Massachusetts Electrical
Code (the Inspector agreed that the installation was likely code compliant when installed in
the 1960's). The countertop and stove top both aggravate and impede front access to the
panel. The proximity of the upper kitchen cabinets limits the space above the panel to inches
instead of the 6 foot six inch code required free space. In each of the 40 units, GFCI
receptacles were to be added in bathrooms requiring the addition of branch circuit wiring,
additionally, 12 of those units were to be provided with new breaker panels. The Appellant
argues that none of this work affects the magnitude of the working space violation as the
work only involves circuit breakers and circuits in the panelboards, not the panelboards itself.
Further, the Appellant argues that only if he was increasing the voltage going into the
panelboard would the code require a change in working space, since he is not altering voltage,
the magnitude of the working space violation would not be affected. Accordingly, the
Appellant believes that per Rule 3 of 527 CMR 12.00, the working space violation need not
be resolved. The Inspector, however, argues this is a matter of public safety and that any
work on the contents of the panelboards would serve to increase the magnitude of the
violation. The Board finds that the Inspector is correct. Specifically, the Board finds that,
even without increasing voltage, both the act of increasing the number of breakers in the
panelboards as well as addition of branch circuits would serve to increase the workspace
violation. The reasons for this include the fact that any changes to the breakers and circuits in
the panelboard require workspace, the need for future repairs and modifications may increase,
thus for any changes within the panelboards to take place, the installer must ensure the
workspace is sufficient to permit the "ready and safe operation and maintenance" of the
equipment therein. Insufficient panel clearance creates a hazard to all who access the panel
and associated equipment. Thus Rule 3 does not excuse the existing workplace violation at
Fountain Drive in North Andover.
VII. DECISION
Based upon the evidence presented at the hearing and the foregoing reasons, the Board, by a
unanimous vote of those members present, hereby renders the following decision:
The Board UPHOLDS the determination issued by Inspector Murphy.
RIGHT OF APPEAL
Pursuant to M.G.L. c. 143, 3P, "Any person aggrieved by a decision or order of the board of
electricians' appeals, whether or not a party to the proceeding, or any municipal board or officer,
may within thirty days after receipt of notice of such decision or order appeal to the superior court
sitting in equity for the county in which the building or installation concerned is situated."
BOARD OF ELECTRICLANS' APPEALS
For the Board of Electricians' Appeals
Date: June 6, 2014 By: '
Donal Jansen, Executive Director
Sent via Certified Mail and Regular Mail
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