522 Mass. Reg. 1.06

Current through Register 1524, June 21, 2024
Section 1.06 - Inspection Extension Request Procedure
(1)Application. Pursuant to M.G.L. c. 146, § 6, an Owner/User or Engineer in Charge may apply to the Chief for an extension of a Certificate prior to its expiration. The extension period shall not exceed six months.
(a) Application for an inspection extension shall be made on a form approved by the Board for this purpose, shall be signed by the applicant, and shall include a letter from an Authorized Inspector or, if not insured, a letter from a District Engineering Inspector. The letter shall provide guidance to the Chief on the condition of the Boiler.
(b) Upon receipt of an application, the Chief shall review the request as soon as practicable and make a decision to either:
1. Grant the extension as requested;
2. Grant the extension with conditions;
3. Deny the extension request; or
4. Request additional information.
(2) Any person aggrieved by the Chief's decision may file a request for review by the Board.
(3)Board Action. Upon receipt of an appeal, the Board shall review the request as soon as practicable and make a decision to either:
(a) Grant the extension as requested;
(b) Grant the extension with conditions;
(c) Deny the extension request;
(d) Request additional information; or
(e) Commence an adjudicatory hearing to further review the extension request. Hearings will be held in accordance with the provisions of M.G.L. c. 30A, and 801 CMR 1.02: Informal/Fair Hearing Rules.
(4) Any person aggrieved by the Board's decision made after an adjudicatory hearing may appeal to the Superior Court in accordance with M.G.L. c. 30A, § 14.
(5) All petitions and inquiries to the Board shall be submitted in writing.
(6) All requests for extension of the inspectional requirement approved or disapproved by the Chief shall bee reviewed and entered into record bu the Board.

522 CMR 1.06

Adopted by Mass Register Issue 1321, eff. 9/9/2016.
Amended by Mass Register Issue 1458, eff. 12/10/2021.