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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 2 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. 2 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 Z