[Adopted as §§ 2-108 through 2-117, 2-119 through 2-125, 2-134 through 2-137 of the 1965 Code]
[Amended 11-5-1969 by Ord. No. 659-69; 5-13-2008 by Ord. No. 086-08; 10-19-2010 by Ord. No. 245-10; 3-17-2020 by Ord. No. 57-2020]
There is hereby established a Department of Public Works for the City of Fitchburg. The Department shall consist of a Cemetery Division, which shall act as support for the Trustees of Public Burial Grounds and have administrative charge of the public cemeteries; a Parks Division, which shall act as support for the Board of Park Commissioners; the Division of Streets; the Water Enterprise Division; and the Wastewater Enterprise and Sewer Division, which shall act as support for the Water-Wastewater Commission and have administrative charge of the wastewater treatment plants, facilities and public sewage systems. The Department shall cooperate and coordinate its activities with the Department of Community Development in providing support services to the Board of Zoning Appeals, the Planning Board, the Conservation Commission and the Board of Park Commissioners.
[Amended 6-3-2014 by Ord. No. 100-2014]
The Department of Public Works shall be under the supervision of the Commissioner of Public Works, who shall also, by virtue of his or her office, serve as City Engineer.
[Amended 7-6-2004 by Ord. No. 189-04; 6-3-2014 by Ord. No. 100-2014]]
The Commissioner of Public Works shall be a person fitted by education, training and experience to efficiently perform the duties of his or her office.
The Commissioner of Public Works shall be appointed by the Mayor in accordance with civil service laws.
The Commissioner of Public Works shall have the following powers and duties:
A. 
The direct care and supervision of the construction, alteration, layout, relocation, maintenance and repair of highways, streets, sidewalks, bridges, sewers and water system of the City.
B. 
The care, supervision and control of streetlighting.
C. 
The general charge and supervision of streets and ways of the City and keeping them in good repair and safe condition for travel.
D. 
The assigning of places in the highways or on public ways for poles, the erection of which has been duly authorized.
E. 
The making of all necessary and proper arrangements for the cleaning of streets and collecting and disposing of ashes.
F. 
The supervision of all public work of the City which comes under his or her Department.
[Amended 6-3-2014 by Ord. No. 100-2014]
G. 
The performance of such engineering services and the making of examinations and preparation of such plans and specifications as may be needed by the City or any department or board thereof.
H. 
The supervision of all repairs on City bridges used as highways.
I. 
The performance of the duties of a civil engineer in connection with the making of surveys, levels and measurements, laying out of streets, sidewalks, drains, sewers and other public work delegated to or taken by his or her Department.
[Amended 6-3-2014 by Ord. No. 100-2014]
J. 
The performance of all other services properly connected with his or her Department as may be required by the Mayor, Council or any department or board of the City.
[Amended 6-3-2014 by Ord. No. 100-2014]
K. 
The employment, subject to the approval of the Mayor and the Civil Service Act, of such assistants as he or she may deem necessary to carry out the powers vested in him. The compensation of such assistants shall be fixed by him, subject to the approval of the Mayor.
[Amended 6-3-2014 by Ord. No. 100-2014]
L. 
The delegation, apportionment or transfer of his or her various powers and duties to or among the various divisions of his or her Department.
[Amended 6-3-2014 by Ord. No. 100-2014]
M. 
Have charge of the system of sewage disposal and the construction, maintenance and repair of all main drains and common sewers.
N. 
Have the powers and be subject to the duties, liabilities and penalties which are or may be, by law, given to or imposed upon road commissioners of towns and surveyors of highways.
O. 
Clerk of the Public Works Committee of the Council.[1]
[1]
Editor's Note: Former Subsection P, regarding care and custody of City Hall, added 4-6-1971 by Ord. No. 237-71, as amended, and Subsection Q, regarding rental of City-owned public buildings, added 5-13-2008 by Ord. No. 086-08, which immediately followed this subsection, were repealed 3-17-2020 by Ord. No. 57-2020.
[Amended 6-3-2014 by Ord. No. 100-2014]
The Commissioner of Public Works may make abatements for water charges or any other obligations due the City for private work done by his or her Department if, in his or her judgment, it is reasonable and proper so to do. Whenever a bill is abated or changed, a certificate of such abatement or change and the reason therefor, signed by the Commissioner, shall be delivered to the City Treasurer and shall become his or her voucher for the amount therein stated, a duplicate thereof to be delivered simultaneously to the City Auditor.
[Amended 6-3-2014 by Ord. No. 100-2014]
The Commissioner of Public Works shall keep or cause to be kept a set of suitable records and shall record therein the accounts of expenditures of the various divisions of his or her Department, which shall show the expenditures for construction and extension separate from the accounts for maintenance, and shall keep them with such particularity as to properly differentiate between the various divisions, the cost and expense thereof and of the various types of work undertaken by each of such divisions.
[Amended 11-5-1969 by Ord. No. 659-69]
The Commissioner of Public Works may appoint a Superintendent of Streets, subject to control and supervision by him.
[Amended 6-3-2014 by Ord. No. 100-2014]
The Commissioner of Public Works shall see to it that no obstructions, nuisances or encroachments are suffered or permitted to exist in any public way of the City and shall keep such public ways in a clean and wholesome condition and remove or properly dispose of ashes, house and apartment dirt and rubbish when placed and prepared for proper removal according to his or her requirements.
[Amended 6-3-2014 by Ord. No. 100-2014]
It shall be the duty of the Commissioner of Public Works to enforce the provisions of Chapter 19 of the General Laws, and the enforcement of such chapter and its provisions shall be under his or her supervision and control except as otherwise expressly provided therein.
For the purpose of preservation and record of plans, the Office of the City Engineer shall be considered a part of every other office of the City.
[Amended 11-5-1969 by Ord. No. 659-69; 6-3-2014 by Ord. No. 100-2014]
The Commissioner of Public Works may appoint an Assistant Engineer, subject to his or her supervision.
A. 
The Commissioner of Public Works shall make and have charge of the plans of all the streets, drains, sewers, waterworks and lands of the City and the notes relating to the same and shall classify and put them in convenient form for reference and use.
B. 
He or she shall draw the specifications for all construction work and make all surveys, measurements, levels, designs, estimates, plans and layouts pertaining to the streets, drains, sewers, waterworks, bridges and lands of the City; shall supervise the construction of same; and shall appoint and discharge the inspectors of the same when such are employed.
[Amended 6-3-2014 by Ord. No. 100-2014]
C. 
He or she shall furnish such specifications and make such surveys, measurements, designs, levels, estimates and plans as may be required by the Mayor, the Council or any committee thereof. He or she shall furnish the City Solicitor, at his or her request, descriptions of lands and the details concerning any proposed taking of lands or the location, widening, alteration or discontinuance of streets.
[Amended 6-3-2014 by Ord. No. 100-2014]
D. 
He or she shall, when required so to do by the Mayor, measure or cause to be measured all work done by contract for the City and shall certify the same.
[Amended 6-3-2014 by Ord. No. 100-2014]
[Amended 6-3-2014 by Ord. No. 100-2014]
The Commissioner of Public Works shall have custody of all plans of the City and shall keep the same properly classified and indexed, and he or she may make such rules and regulations concerning the taking of plans from his or her office as he or she may deem necessary to ensure their safety. All such plans shall be open to public inspection at reasonable times.
The Commissioner of Public Works shall keep a record of all street lines, deeds of the sale of property and all other data and information that pertains to the physical layout of the City, which records shall be open to public inspection at all reasonable times.
[Amended 6-3-2014 by Ord. No. 100-2014]
The Commissioner of Public Works shall have and exercise all the rights and powers granted to the City or any board or commission thereof by any general or special act of the Legislature with reference to providing, furnishing or maintaining an adequate water supply for the City or its inhabitants and shall have charge of the aqueducts, lands, reservoirs and all other works and property connected with the waterworks. He or she shall have full power to make necessary repairs and replacements and shall operate such works so as to accomplish the purposes for which they are designed, subject to the provisions of special acts and the City Charter.
[Added 5-19-1993 by Ord. No. 100-93;[1] amended 5-13-2008 by Ord. No. 086-08; 6-3-2014 by Ord. No. 100-2014]
A. 
Deputy Commissioner of the Department of Public Works for Water Supply. The Commissioner may appoint a person to be the Deputy Commissioner of the Department of Public Works for Water Supply, subject to his or her supervision and control. The Deputy Commissioner must be certified by the Massachusetts Board of Certification of Operators of Drinking Water Supply Facilities as a Grade IV operator, must have a bachelor's degree in environmental sciences and/or management and must have 10 years' experience in the field of water supply, including therein five years in a management capacity. The Deputy Commissioner shall be responsible for planning and directing the repair and maintenance of reservoirs, dams, gatehouses, spillways and the land surrounding the same, testing and treating water supply for quality control; constructing; maintaining and repair of water mains and service connections, maintaining the water service system, including pumping stations, fire lines, hydrants and water meters. The Deputy Commissioner shall analyze population and industrial growth trends to determine the adequacy of current facilities and to plan methods and sequence of operations additions, deletions or modifications to the water supply system and shall perform such other related work as the Commissioner may desire. Notwithstanding provisions of the Code of the City of Fitchburg, the appointee shall be entitled to such benefits as negotiated by the Mayor and approved by the Council.
B. 
Water Quality Manager. The Commissioner may appoint a person to be Water Quality Manager of the Department of Public Works Water Division subject to his or her supervision and control. Under the direction of the Deputy Commissioner, the Water Quality Manager supervises and directs all operations relative to the storage, treatment and testing of the City's water supply to meet the requirements for safe, potable drinking water.
(1) 
The Water Quality Manager shall have at least a bachelor of science degree in biology, microbiology, chemistry or environmental science and two years' experience in a drinking water supply facility. Five years' supervisory experience in water quality management and a Grade 3 drinking water supply facilities operator certification in water system operation and maintenance may be substituted for two years of college education. Ability and willingness to obtain a Grade 4 drinking water supply facilities operator certification within two years.
(2) 
The Water Quality Manager shall have the following responsibilities:
(a) 
Responsible for all water quality requirements in the watershed areas, plants and distribution system.
(b) 
Supervise watershed, plant and laboratory personnel in the execution of their duties.
(c) 
Supervise the operation of treatment and testing facilities and watersheds.
(d) 
Responsible for the implementation of all aspects of the Safe Drinking Water Act requirements.
(e) 
Oversee forestry activities in the watershed.
(f) 
Assist in the development of new programs and the writing and facilitating of grant proposals.
(g) 
Perform all other related duties as required for maintaining EPA- and DEP-acceptable drinking water.
(h) 
Perform such other duties as may be required by the Commissioner or Deputy Commissioner.
C. 
Water System Manager. The Commissioner may appoint a person to be Water System Manager of the Department of Public Water Division subject to his or her supervision and control. Under the direction of the Deputy Commissioner for Water Supply, the Water System Manager supervises and directs all operations relating to the maintenance of the water supply distribution system. The Water System Manager shall meet the following minimal requirements:
(1) 
Civil or other appropriate engineering degree and five years' experience in water works operation and maintenance or 10 years' experience in water works development and operation, including five years in a supervisory role, and a Grade 4 drinking water supply facilities operator certification in water system operation and maintenance. A Massachusetts Class 3 license is also required.
(2) 
The Water System Manager shall have the following duties:
(a) 
Supervise, direct and control, through the foremen, work of assigned crews engaged in constructing, maintaining and repairing water mains, gates, equipment, buildings, pumps and other related equipment or structures.
(b) 
Supervise, direct and control, through the foremen, the work of assigned crews engaged in the installation, testing, repairing and maintaining of water service connections and lines.
(c) 
Prepare cost estimates for service and main installations, renewals and repairs.
(d) 
Make regular rounds of assigned projects to inspect conditions, ensure compliance with departmental procedures and practices and provide technical advice and assistance to foremen.
(e) 
Develop and maintain records, reports and control systems as required, including computer operations dealing with fixed assets, records and water works maintenance.
(f) 
Responsible for adherence to City and division policies and handling of distribution system personnel problems.
(g) 
Review all water distribution system plans and specifications submitted to the City by developers, contractors and others.
(h) 
Oversee all contracted work for water main and water service repairs.
(i) 
Perform all other related duties as directed by the Department of Public Works Commissioner or Deputy Commissioner.[2]
[2]
Editor's Note: Former Subsection D, giving charge of municipal facilities to the Facilities Manager, which immediately followed this subsection, was repealed 3-17-2020 by Ord. No. 57-2020.
[1]
Editor's Note: This ordinance also repealed former § 3-108, Appointment of Water Registrar and Superintendent, as amended.
[Amended 6-3-2014 by Ord. No. 100-2014]
The Commissioner may, subject to the approval of the Council, establish rules and regulations relating to the installation or use of water and the rate to be charged therefor and for water meters and such other matters as are incidental thereto. He or she shall not make a charge to any department of the City for water used by it.
[Amended 11-5-1969 by Ord. No. 659-69; 6-3-2014 by Ord. No. 100-2014]
The Commissioner of Public Works shall see that the rules and regulations of the Department and of the Council relating to the use of water are strictly observed and fully enforced by himself or herself or his or her agent and shall perform such other services appertaining to his or her office as may be required of him or her by the Mayor or Council.
[Amended 6-3-2014 by Ord. No. 100-2014]
The Commissioner of Public Works shall have charge of the work of building all main and common sewers ordered to be built by the Council. He or she shall have the general superintendence of keeping in repair and operating all main and common sewers after they are built and the construction and keeping in repair of all sewers for private use situated within the street limits. He or she shall have all the powers in connection with sewers and sewage disposal granted to the City or any board or commission thereof by any special or general act of the Legislature and shall perform all duties required of the City or any board or commission thereof.
[Amended 11-5-1969 by Ord. No. 659-69; 6-3-2014 by Ord. No. 100-2014]
The Commissioner of Public Works may appoint a person who is a chemist to have charge of the sewage disposal plant of the City. He or she may also appoint a person to have charge of sewer installation, maintenance and repair or he or she may delegate such duties to other persons in his or her Department.