1070. Certain words defined.

Terms used in this chapter shall be construed as follows, unless a different meaning is clearly apparent from the language or context, or unless such construction is inconsistent with the manifest intention of the legislature:

"Automobile" shall include all motor vehicles except motor cycles.

"Chauffeur" shall mean any person who operates a motor vehicle other than his own and who directly or indirectly receives pay or any compensation whatsoever for any work or services in connection with motor vehicles, except only manufacturers, agents, proprietors of garages and dealers, who do not operate for hire. An employee of a manufacturer or a dealer whose principal occupation is that of a salesman may at the discretion of the commission be exempted from this definition and be designated as an operator.

"Commission" shall mean the Massachusetts highway commission.

"Motor vehicle" shall include automobiles, motor cycles and all other vehicles propelled by power other than muscular power, except railroad and railway cars and motor vehicles running only upon rails or tracks, ambulances, fire engines and apparatus, police patrol wagons and other vehicles used by the police department of any city or town or park board solely for the official business of such department or board, road rollers and street sprinklers.

[Acts, 1909, c. 534, § 1.]

GAS FITTERS IN THE CITY OF BOSTON.

1071. Gas fitters to be licensed. No person, firm or corporation shall engage in or work at the business of gas fitting in the city of Boston . . . either as employer or as a journeyman, unless such person, firm or corporation has received a license therefor in accordance with the provisions of this act. The word "journeyman", as used in this act, shall be deemed to mean one who personally does any gas fitting or any work in connection therewith which would be subject to inspection under the provisions of this act. [Acts, 1897, c. 265, § 1.] 1072. License number to be displayed. Every licensed gas fitter shall display his license number conspicuously at his place of business. [Acts, 1897, c. 265, § 6.] 1073. Application for examination as gas fitter. Every person, firm or corporation desiring to engage in the business of gas fitting in the city of Boston shall make application therefor to the building commissioner, and shall, at such time and place as may be designated by the board of examiners hereinafter provided for, to whom such application shall be referred, be examined as to his qualifications for such -business. [Acts, 1897, c. 265, § 2.]

1074. Board of examiners. The board of examiners shall consist of the building commissioner, the chairman of the board of health, who shall be ex officiis members of said board and serve without compensation, and a third member, to be chosen by the board of health, who shall be a practical gas fitter of at least 5 years' continued practical experience during the years next preceding the date of appointment. Said third member shall be chosen within 30 days after the passage of this act, for a term

ending on May 1, 1898, and thereafter annually; and he shall be allowed a sum not exceeding five dollars for each day of actual service, to be paid from the treasury of the city of Boston. [Acts, 1897, c. 265, § 3.]

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1075. Nature of examination. Said board of examiners shall . . . designate the time and places for the examination of all applicants desiring to engage in or work at the business of gas fitting in the city of Boston. Said board shall examine said applicants as to their practical knowledge of gas fitting, shall submit the applicant to some satisfactory form of practical test, and, if satisfied of the competency of the applicant, shall so certify to the building commissioner, who shall thereupon issue a license to such applicant, authorizing him to engage in or work at the business of gas fitting, first requiring him to register in the office of the said building commissioner his name, place of business or residence, license number, date of examination, and in what capacity licensed. In case of a firm or corporation, the examination of one member of the firm, or of the manager of the corporation shall satisfy the requirements of this act. The fee for the license of any employing gas fitter shall be two dollars, and for a journeyman, fifty cents; and said license shall continue in force until revoked or cancelled, but shall not be transferable. [Acts, 1897, c: 265, § 4.] 1076. Gas fitters before performing any work must make application. — . Every licensed gas fitter desiring to perform any work relating to piping or fitting a building for gas, or to repair gas piping or fittings, or to place fixtures therein, shall file an application therefor at the office of the building commissioner, giving the correct location, name and address of the owner, the intended use and material of the building, and a full and complete statement of the work proposed and material to be used, and shall, if required by said building commissioner, furnish a plan thereof, which shall be subject to his approval. All materials used and work performed under the provisions of this section shall be subject to such regulations as shall be made by the board of health and the building commissioner. [Acts, 1897, c. 265, § 7.]

1077. Inspectors of gas fitting, appointment, qualifications, etc. The building commissioner shall appoint . . . such a number of inspectors of gas fitting as the board of examiners may from time to time determine. Said inspectors shall be practical gas fitters of at least 5 years' continued practical experience, and shall, before appointment, be subject to an examination before the civil service commissioners. The compensation of said inspectors shall be determined by the building commissioner, subject to the approval of the mayor; and such inspectors shall hold office until removed by said commissioner, with the approval of the mayor, for malfeasance, incapacity or neglect of duty. Said inspectors shall inspect all new work relating to gas fitting in new and in old buildings, the connections and use of such work, and shall report all violations of this act or of any act or ordinance relating thereto, which now exists or may be hereafter enacted or ordained; and they shall also perform such other appropriate duties as may be required by the building commissioner. [Acts, 1897, c. 265, § 5.]

1078. Penalties. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and shall be subject to a fine of not exceeding one hundred dollars for each offence, and if such person has received a license under this act his license may be revoked by the building commissioner. [Acts, 1897, c. 265, § 11.]

ELEVATOR OPERATORS.

(See also pages 23 and 53.)

1079. Board of elevator regulations,' duties of. . . . The . . . board shall frame regulations relating to the construction, installation, alteration and operation of all elevators, now installed or to be installed, and relative to the location, design and construction of shafts or enclosures for elevators, safety devices, gates and other safeguards, protection against the elevator or hoisting machinery, and means to prevent the spread of fire, and also such regulations as will make uniform the work of the inspectors of the building inspection department of the district police and of inspectors of buildings throughout the commonwealth. [Acts, 1913, c. 806, § 6.] 1080. District police to enforce elevator regulations. It shall be the duty of the inspectors of the building inspection department of the district police and the department of buildings or inspectors of buildings of cities and towns to see that the said regulations are complied with. [Acts, 1913, c. 806, § 7.]

1081. Operation of passenger elevators in Boston regulated. It shall be unlawful for any person to be employed in running an elevator in the city of Boston for the transportation of passengers, except in private houses and apartment houses, unless the person so employed is licensed as hereinafter provided. [Acts, 1913, c. 714, § 1.]

1082. Granting of licenses, etc. Any person desiring to operate an elevator in the city of Boston for the transportation of passengers, and any person now so employed and desiring to continue such employment, shall make written application to the building commissioner of said city. The applicant shall state in his application his name, age and residence, and the application shall be accompanied by the written recommendation of a citizen of the commonwealth stating that he has known the applicant for a period of not less than six months, and that the applicant is a person of good moral character. . . . [Acts, 1913, c. 714, § 2.]

1083. Building commissioner to examine applicant. The said building commissioner shall make such examination of the applicant as he deems necessary, and if the applicant is found to be of good moral character and competent to operate an elevator, he shall receive a license without payment of a license fee. All licenses shall expire on the last day of the year in which they are granted. No license shall be granted to a person under eighteen years of age. [Acts, 1913, c. 714, § 2.]

1084. Penalties. Whoever not being licensed as aforesaid, or being under eighteen years of age, operates in the city of Boston an elevator for the transportation of passengers, and whoever employs a person who is under eighteen years of age, or who is not licensed as aforesaid, to operate an elevator in said city for the transportation of passengers shall be punished by a fine of not less than ten nor more than five hundred dollars. [Acts, 1913, c. 714, § 3.]

1085. Not to apply to certain elevators, etc. This act shall not apply to elevators used for carrying freight which carry passengers incidentally to such use, ncr to elevators in buildings that are under construction or repair, nor to the operation of elevators in an emergency that could not reasonably have been anticipated. [Acts, 1913, c. 714, § 4.]

1 For the regulations framed by this board which became effective June 19, 1914, see manual (Form H).

PUBLIC EMPLOYMENT.

(See also under Workmen's Compensation and Pension and Retirement Systems.)

1086. Application of rules. The rules heretofore prepared by the [civil service] commissioners and now in force shall continue in force, and such rules, and those hereafter prepared by them and approved by the governor and council, shall be administered by the commissioners. They shall not be inconsistent with law, may be of general or limited application and shall include provisions for:

The classification of the positions and employments to be filled.

Open competitive and other examinations to test the practical fitness of applicants. The filling of vacancies in and the selection of persons for public positions and employments in accordance with the results of such examinations, or in the order of application, or otherwise.

Promotions if practicable, on the basis of ascertained merit in the examination and seniority of service.

A period of probation before an appointment or employment is made permanent. Preference to veterans in appointment and promotion. [R. L., c. 19, § 7.] 1087. Printing and distribution of rules. Changes in the rules shall forthwith, when approved, be printed for distribution, and a certified copy thereof sent to the mayor of each city and the selectmen of each town to which such changes relate, and shall be published in one or more newspapers. In such publication the date when such changes shall take effect shall be specified, which date shall be not less than 60 days subsequent to the date of such publication. [R. L., c. 19, § 8.] 1088. Certification three separate times. No rules shall be made or enforced by the civil service commissioners which shall prevent the certification for the same office, on at least 3 separate occasions, of any person whose name is on any register. But in case the said commissioners shall find upon investigation that any person who has once or twice so been certified is morally unfit to hold the office or position in question, he shall not be entitled to be certified again. [Acts, 1904, c. 198.]

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1089. Applications for examination. Every application [for a position in the classified public service] shall state under oath the full name, residence and post office address, citizenship, age, place of birth, health and physical capacity, right of preference as a veteran, previous employment in the public service, business or employment and residence for the previous 5 years, and education of the applicant, and such other information as may reasonably be required relative to his fitness for the public service: provided, however, that no question shall be asked in such application or in any examination requiring a statement as to any offence committed before the

1 See annual reports of the Civil Service Commission.

applicant reached the age of 16 years, except in the case of applicants for police and prison service. . . . [R. L., c. 19, § 12, as am. by Acts, 1911, c. 119.]

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1090. Scope of examination. No question in any [civil service] examination shall relate to, and no appointment to a position or selection for employment shall be affected by, political or religious opinions or affiliations. Examinations shall be practical and shall relate to matters which will fairly test the capacity and fitness of the applicants; and all answers of applicants to questions in examinations relating to training and experience, outside of the labor service, shall be under oath, if the commission shall so require. [R. L., c. 19, § 13, as am. by Acts, 1911, c. 63.]

1091. Obstruction of right of examination forbidden. No person in the public service shall wilfully and corruptly defeat, deceive or obstruct any person as to his right of examination; or wilfully or corruptly make a false mark, grade, estimate or report upon the examination or proper standing of any person examined hereunder, or aid in so doing; or wilfully or corruptly make any false representation concerning the same or concerning the person examined; or wilfully or corruptly furnish to a person special or secret information, for the purpose of improving or injuring the prospects or chances of appointment, employment or promotion of any person so examined or to be examined. [R. L., c. 19, § 14.]

1092. Lists of names of successful applicants. The commissioners, within 5 days after the results of an examination have been ascertained, shall prepare a list of the applicans who have passed the examination, with the standing of each; and, within five days after certification of persons for appointment or employment, prepare a list of the persons so certified which shall be open to public inspection. [R. L., c. 19, § 15.)

1093. Preference to citizens. In all work of any branch of the service of the commonwealth, or of any city or town therein, citizens of the commonwealth shall be given preference. [Acts, 1914, c. 600, § 1.]

1094. Non-citizens not to be placed on lists. The civil service commission shall not place upon its lists any person not a citizen of the United States. [Acts, 1914, c. 600, § 2.]

1095. Provisional appointment of non-citizens. If an appointing officer, because of the non-existence of a list of eligible appointees, appoints under provisional authority from the civil service commission a person not a citizen of the United States, he shall discharge the person so appointed and appoint from the eligible list whenever the civil service commission establishes a list of the proper class. [Acts, 1914, c. 600, § 3.]

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1096. Enforcement of dismissal. Whenever the attention of the civil service commission shall be called by complaint on the part of any citizen of the commonwealth to the employment of a non-citizen when there is a list of eligibles existing, the commission shall take steps to enforce the dismissal of such non-citizen and the appointment in his place from the suitable eligible list. [Acts, 1914, c. 600, § 4.]

1097. Penalty for unlawful employment of non-citizen. Whenever it shall appear that any appointing officer has had due notice of unlawful employment of a non-citizen and that the said appointing officer has continued such employment for ten days after such notice, he shall be subject to a fine of not less than ten nor more than one hundred dollars for each offence. [Acts, 1914, c. 600, § 5.]

1098. Vendor or user of liquor ineligible. No person habitually using intoxicating liquors to excess and no vendor of intoxicating liquors shall be appointed