526 CMR, § 10.03 - Certifications

(1) Certification of Tramway Inspectors, Visual Wire Rope Inspectors, Magnetic Rope Testing (MRT) Wire Rope Inspectors and Wire Rope Splicers.
(a) In order to inspect a tramway or wire rope or splice a wire rope for purposes of compliance with 526 CMR, ANSI B77.1-2011, or M.G.L. c. 143, all inspectors and splicers must be certified by the Board. Applications for certification must be submitted on forms provided by the Board. No inspection report required by 526 CMR 10.04(3) and/or ANSI B77.1-2011 shall be accepted by the Board unless completed and signed by an individual certified by the Board for such purposes.

All applicants for certification must demonstrate professional competence and knowledge of the laws, rules and regulations by demonstrating one of the following:

1. The applicant has passed a practical and/or oral examination administered by the Board; or
2. The applicant possesses at least five years experience in the area of requested certification, or
3. The applicant has inspected at least 50 tramways in the area of requested certification; or
4. Certification by an organization deemed acceptable by the Board.
(2) Certification of Non-destructive Testing (NDT) Examiners.
(a) In order to perform a non-destructive testing examination for purposes of compliance with 526 CMR, ANSI B77.1-2011, or M.G.L. c. 143, all examiners must be certified by the Board. Applications for certification must be submitted on forms provided by the Board and filled out completely. No inspection report required by 526 CMR 10.04(3) and/or ANSI B77.1-2011 shall be accepted by the Board unless completed and signed by an individual certified by the Board for such purposes.

All applicants for certification must demonstrate professional competence and knowledge of the laws, rules and regulations by demonstrating that the applicant:

1. Is currently certified at a Level II or III by the American Society for Non-destructive Testing (ASNT); or
2. Is currently certified by his or her employer, or by a training facility other than ASNT in accordance with Recommended Practice No. SNT-TC-1A.
3. Is currently certified at a Level I through the methods proscribed above in 526 CMR 10.03(2)(a)1. or 2. and is learning or working as a NDT Examiner under the direct supervision of a Level III certified NDT Examiner.
(b) All non-destructive testing examiners shall undergo continuing education every three years from ASNT, an employer, or a training agency.
(3) All certifications granted by the Board shall be valid for two years and shall expire on May 31st of the second year of certification, unless the applicant has failed to meet any continuing education requirements or the license has been otherwise suspended or revoked in accordance with 526 CMR 10.03(2). Fees for all certifications are to be paid as set forth by the Executive Office for Administration and Finance in 801 CMR 4.00: Rates.
(4) Suspension and Revocation of Certification. A certification issued pursuant to 526 CMR 10.03(1) may be suspended or revoked after hearing upon a finding by the Board that a Tramway Inspector, Wire Rope Inspector, Wire Rope Splicer, or Non-destructive Testing Examiner is incompetent or untrustworthy to perform the duties attendant to the certification issued by the Board. Hearings shall be conducted pursuant to M.G.L. c. 30A and 801 CMR 1.02: Informal/Fair Hearing Rules. All persons testifying before the Board shall be sworn. The individual shall be notified in advance of such hearing in writing within a reasonable period of time. Mailing of such notice via first class mail to the address provided to the Board as part of the certification process shall be considered proper notice for these purposes. Any person aggrieved by a final decision of the Board may appeal to Superior Court pursuant to M.G.L. c. 30A, § 14.

Notes

526 CMR, § 10.03

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