The URL can be used to link to this page

Home My WebLink AboutO-1996-2079-D rejected . ORDINANCE NO. 96-2079-D ~lllvj fJf.,D IflCttllcfl<eJeder AN ORDINANCE AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; BY AMENDING CHAPTER 82 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE N "ELECTRICAL CODE" DMSION 1 "GENERALLY," DIVISION 2 "LICENSES AND CERTIFICATIONS"; DMSION 3 "PERMITS"; DMSION 4 "INSPECTIONS"; PROVIDlNG A REPEALlNG CLAUSE; CONTAINING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF TInS ORDlNANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 82, "Buildings and Building Regulations," Article IV, "Electrical Code"; Division 1 "Generally," Division 2 "Licenses and Certificates," Division 3 ''Permits,'' Division 4 "Inspections," of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: CHAPTER 82. BUILDINGS AND BUILDING REGULATIONS ARTICLE IV, ELECTRICAL CODE Code Deletions: Section 82-101 Electrical maintenance work definition Section 82-101 Maintenance electrician definition Section 82-103 Work to be done by licensed maintenance electricians Section 82-151 [c] Examination fee to the city Section 82-157 Change of employment of maintenance electrician Section 82-101 Electrical maintenance work definition Section 82-183(a)(3) Master electrician picture identification Ordinance #96-2079-D . . Page 2 Section 82-208(a)(3) Journeyman electrician picture identification Section 82-231 Section 82-232 Section 82-233 Section 82-234 Section 82-235 Maintenance electrician license application Maintenance electrician license examination Maintenance electrician license contents Maintenance electrician license display Maintenance electrician employer permit Section 82-257(a)(2) Apprentice electrician statement of experience Section 82-257(a)(3) Apprentice electrician picture identification Section 82-282(b) Section 82-282( c) Section 82-283 Section 82-312 Code Amendments: Requirement for master license number to be shown on permit application Requirement for permit application to include attachment of service outlet locations by the electric public utility Requirement for permit display on the jobsite Suspension of license for failure to pay inspection fees Section 82-101 is amended to read as follows: 82-101 Definitions, Inspector shall mean the Chief Building Official of the city or any of the division construction inspectors under his/her supervision, Section 82-151 is amended to read as follows: 82-151 Fees. a) Before a license or certificate is issued, fees shall be paid to the city in amounts established by the city and listed in Appendix A of this Code. b) Before a license or certificate is renewed, fees shall be paid to the city in amounts established by the city and listed in Appendix A of this Code. 2 /. . e Ordinance #96-2079-D Page 3 Section 82-155 is amended to read as follows: 82-155 Assignment of license, b) An active status, licensed master electrician may only represent and obtain electrical pennits for one owner, finn or corporation, All work performed under the responsible Master Electrician's license shall be under the "on-the-job" direct supervision of a licensed journeyman or master electrician, that is the owner or a bona-fide employee of the firm, company or corporation using said master electrician's license. The term "employee" as used in this section shall be interpreted to mean a full-time, permanent employee (approximately 40 hours per week), e) Should any master electrician violate this section or any of the other provisions of this article specifying that the master electrician shall directly supervise, direct and control the work for which he obtains a permit, his master electrician license issued to him under the provisions of this article shall be revoked by the City after notice and hearing, Section 82-158 is amended to read as follows: 82-158 Revocation of licenses. Any license provided for in this article may, after a hearing by the Board of Adjustment, be suspended or revoked, based upon its finding that its holder has willfully, maliciously or by reason of incompetence violated this article, or any amendment hereto on one or more occurrence(s), Section 82-159 is amended to read as follows: 82-159 Improper performance by master electrician. Should any master electrician perfonn work that is not in accordance with the provisions of this article, it shall be the duty of the inspector to report such fact to the permit holder and/or general contractor, Method of notice shall be by a written correction notice that is provided to them in person or left on the job site, Until such work has been completed in compliance with this article, it shall be the duty of the inspector to refuse to perform an additional inspection until such time as the work has been properly done. Section 82-181 's "title" is amended to read as follows: 82-181 Registration required, 3 . . Ordinance #96-2079-D Page 4 Section 82-183 is amended to read as follows: 82-183 Application, (a) Each application for a master electrician license shall include the following: (1) Name and address of applicant (2) Statement as to the active and practical experience of the applicant Section 82-184 is amended to read as follows: 82-184 Examination, Regular examinations for master electrician licenses shall be conducted by ICC (previously known as SBCCI). Section 82-185 is amended to read as follows: 82-185 Issuance. Upon approval of the application by the City (Inspection Services Division), a master electrician license and certificate shall be issued to the applicant. Such license and certificate shall contain the name, license number, expiration date and date of issuance, Section 82-186 is added and reads as follows: 82-186 Display. Every holder of a master electrician license shall wear his/her license upon or about his/her person while performing the act that such license entitles him to perform, Original reserved Sections 82-186 through 82-205 is amended to read as follows: 82-187 --- 82-205, Reserved. Section 82-206 is amended to read as follows: 82-206 Registration required. No person shall perform electrical work under the supervision, direction and control of a master electrician without first obtaining the city's journeyman electrician license. The term ')ourneyman electrician"; however, shall not include an apprentice electrician, and nothing in this section shall be construed as prohibiting an apprentice electrician from doing electrical work under the direct, constant, personal supervision and control of either a master electrician or journeyman electrician, 4 . . Ordinance #96-2079-D Page 5 Re-Numbered Section 82-209 is amended to read as follows: 82-209 Examination, Regular examinations for journeyman electrician licenses shall be conducted by ICC (previously known as SBCCI). Original Section 82-209 is amended to read as follows: 82-210 Issuance. Upon approval of the application by the City (Inspection Services Division), a journeyman electrician license shall be issued to the applicant. Such license shall contain the name, license number, expiration date and date of issuance. Original Section 82-210 is amended to read as follows: 82-211 Display. Every holder of a journeyman electrician license shall wear his/her license upon or about his/her person while performing the act that such license entitles him to perform, Original reserved Sections 82-211 through 82-230 is amended to read as follows: 82-212 --- 82-255. Reserved. Section 82-256 is amended to read as follows: 82-256 Registration required, No person shall perform electrical work under the supervision, direction and control of either a master electrician or a journeyman electrician without first obtaining the city's apprentice electrician license. The term "apprentice electrician" shall not include a journeyman electrician, and nothing in this section shall be construed as requiring a journeyman electrician to be the holder of an apprentice electrician license in addition to his journeyman electrician license. Section 82-257 is amended to read as follows: 82-257 Application, (a) Each application for an apprentice electrician license shall include the following: (1) Name and address of applicant (2) Phone number Section 82-258 is amended to read as follows: 82-258 Issuance. Upon approval ofthe application by the city staff (Inspection Services Division), an apprentice electrician license shall be issued to the applicant. Such license shall contain the name, license number, expiration date and date of issuance, 5 . . Ordinance #96-2079-D Page 6 Section 82-259 is amended to read as follows: 82-259 Display. Every holder of an apprentice electrician license shall wear hislher license upon or about his person while performing the act that such license entitles him to perform. Section 2: AIl ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance, Section 3, Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty ofa misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000,00), Section 4. This Ordinance shall be effective ninety (90) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least twice within ten (l0) days after the passage of this ordinance, Section 5, The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Chapter 55], Tx, Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this the day of .2003, CIlY OF LA PORTE By: Mayor ArrEST: . e UNCIL AGENDA ITEM Agenda Date Requestptfo Appropriation o OR/l ~ Source of Funds: Requested By.o Department: Account Number: Report: Resolution: Amount Budgeted: Ordinance: X Exhibits: Amount Requestptfo Ordinance Exhibits: SUMMARY & RECOMM,ENDATION Electrical work within the city is installed in accordance with the National Electrical Code (NEC) and local electrical code regulations. Local regulations were developed by the city's past Electrical Board and subsequently approved by City Council. Along with other proposed codes, the adoption ofa newer edition of the NEC is part ofa different ordinance (Ord, #96-2079-C) being considered by Council. Amendments proposed within this ordinance were previously incorporated into the code adoption ordinance submitted at the July 14, 2003 meeting. However, in an effort to avoid confusion of what amendments address the local electrical code verses the NEC, staff has chosen to develop a separate ordinance for Council's review, As part ofthe code review process, staff noted that many areas within the local code were outdated. The ordinance submitted to Council includes deletions, amendments and clarifications that deal with such things as electrical licenses and examinations. For consistency reasons, this ordinance includes the ninety (90) day implementation that was noted in the code adoption ordinance, Action Required bv Council: Consider authorizing adoption of an ordinance that amends the city's local electrical code. Approved for City Council Aeenda g-S-d1 Date / Ii I //