Ordinance No. 2,331f
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ORDINANCE NO. 2331
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS AMENDING THE CODE OF ORDINANCES,
CHAPTER 11, "ELECTRICAL CODE," BY THE AMENDMENT
OF ARTICLES 1, "ADMINISTRATION," DIVISION 1,
"ELECTRICAL BOARD," ARTICLE 2, "LICENSES, AND
RESTRICTIONS UNDER LICENSES," AND ARTICLE 3,
"PERMITS AND INSPECTIONS;" REPEALING ORDINANCES
INCONSISTENT HEREWITH, ESTABLISHING A PENALTY,
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS:
Section 1: That the Code of Ordinances Chapter Eleven,
Electrical Code, Article 1, "Administration," Division 1,
"Electrical Board," is hereby amended by the repeal of
Section 11 -2, Duty to hold examinations; requirements for
examinations, as presently constituted by substituting in
its place a new section 11 -2, which shall read as follows,
to -wit:
Sec.11-2. Duty to hold examinations; requirements
for examinations.
(a) It shall be the duty of such electrical
board to examine and pass upon qualifications
of all persons applying for licenses hereunder,
and it shall certify to the electrical inspector
such applicants as are found by the electrical
board to possess satisfactory knowledge, fitness,
ability, and experience as electricians and
familiarity with and understanding of the rules
and regulations governing electrical wiring,
repairing and construction within the city. The
certification shall state the name of each applicant
passing an examination, the character of the license
for which he has applied and the character of the
license for which he has qualified.
(b) The electrical inspector shall be secretary
of the electrical board and shall keep a record of
all examinations held, applicants examined and the
results thereof, together with such other records
as the board may direct. Funds shall be annually
appropriated and budgeted from the general fund
for the city for the use of the electrical board
in carrying on its duties including typing and
printing of examination forms, files, reference
books or other necessary expenses.
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(c) Every person desiring a license under the
terms of this chapter is required to appear before
the electrical board and present proof of qualifi-
cations as the board may require. Thereafter to
pass an examination for the license he desires.
Among the qualifications for the various licenses
shall be considerations as follows:
(1) Master Electricians shall be electrical
engineers with two years practical experience
in the electrical contracting industry, or four
years electrical experience in some related
industry. A journeyman electrician with four
years journeyman experience in the electrical
construction industry shall also be considered
to qualify for examination for the Master
Electrician's license.
(2) Applicants for the journeyman electricians
license shall have successfully completed an
apprenticeship in a four year apprenticeship
program which is approved by both the U. S.
Board of Apprenticeship & Training and the State
of Texas, or shall be able to prove a minimum
of four years electrical experience and to pass
a City of Baytown Journeyman Electricians
Examination.
(d) All applicants for examination shall file
with the secretary of the electrical board written
application in such form and at such times as the
electrical board may prescribe. In the event the
applicant fails the examination, after paying the
first examination fee designated by this chapter
for the license desired, such fee shall be forfeited
as costs for holding such examination.
(e) The electrical board shall designate the time
and place of and prescribe the rules for examinations
to be held by it. Also, it may hold examinations at
such times as it may deem fit, provided that it shall
fix dates for regular examinations at least every
six (6) months.
(f) An applicant shall take his first examination
after filing application on the first date set for
examinations or forfeit the fee he has paid. Any
applicant who fails an examination will not be re-
examined until the expiration of ninety (90) days.
Applicants desiring re- examination shall pay the
first examination fee designated by this chapter
for the license desired and in the event the applicant
fails such re- examination, said fee shall be for-
feited as costs for holding the re- examination. The
electrical board may, at its discretion, refuse to
further examine any applicant if he has failed to
pass three examinations.
Section 2: That the Code of Ordinances Chapter Eleven,
Article II, "Licenses and Restrictions Under Licenses," is
hereby amended by the repeal of sections 11 -24, 11 -25, 11 -26,
11 -27, 11 -28, and 11 -30, as presently constituted and by
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substituting in their places new sections which shall read
as follows, to -wit:
Sec.11-24. Master electrician.
(a) Scope of license. A master electrician's
license shall entitle the holder to contract for
and engage in the business of installing, erecting
or repairing electrical wires, conductors, molding,
ducts, raceways or conduit electrical machinery,
apparatus, devices, systems or instrumentalities
and construction under the requirements of the
National Electrical Code, and the provisions of
this chapter.
To insure proper supervision of electrical work
as required by this ordinance, a Master Electrician
may not be employed or otherwise affiliated with
more than one electrical contracting firm. Such
employment or affiliation shall be of a full time
nature.
(b) Application.
a master electrician
the electrical board
and each application
"examination fee" of
shall be paid to the
Application for a license as
shall be made, in writing, to
on a form issued by such board
shall be accompanied by an
fifty dollars ($50.00) which
building permit clerk.
The Master Electrician shall, in his application
for his license or the renewal of a said license,
state the firm name under which he will do business,
the business address, and the names of the partners
or officers of the corporation. The Master
Electrician's License issued by the Electrical Board
shall show the-�name -of' =the -Master Electrician, the
name of the firm under which business will be trans-
acted, the address, the date issued and the date
of expiration.
(c) Examination. Those applying for said license
shall be given a reasonable written examination -as
to their qualifications to install, repair, alter
and maintain electrical wiring, apparatus, devices,
f appliances, fixtures and equipment, for which a
permit is required under the terms and conditions
of this chapter; as to their qualifications to plan
installations of electrical wiring and equipment, to
change, prepare and interpret plans and specifications,
and to supervise various types of installations for
which a permit is required under the provisions of
this chapter.
Regular examinations for master's license shall
be held at the discretion of the electrical board
but in no case less than two (2) per year and,'not
more than six (6) months between examinations.
(d) Issuance fee. The electrical board shall
grant licenses and issue certificates therefor to
all applicants who shall make a passing grade of
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seventy ( 70) on said examination, provided, that
in no case shall a license be granted until after
payment by the applicant of the fee of one hundred
dollars ($100.00) to the building permit clerk.
Renewal fee shall be fifty dollars ($50.00).
Sec.11-25. Master sign electrician.
(a) Scope of license. The provisions of this
section shall apply to those who undertake the
business of manufacture and /or installation of
electrical signs, conductors and equipment of
signs and outline lighting and for inside lighting
with high voltage gas tubes. Any person qualifying
under this section shall be known as an "electrical
sign contractor'.' and shall not be required to.be
a master electrician.
An electrical sign contractor shall be permitted
to manufacture, install and do such wiring as is
required to connect the sign, outline lighting or
inside lighting to an existing circuit or circuits
that have been approved by the electrical inspector
for connection of the specific load covered by
the permit issued. Should the available circuit or
circuits not be adequate for the load to be connected,
then, a master electrician shall be employed to make
available the necessary capacity. An electrical
sign contractor shall be permitted to install the
necessary service and circuits for an isolated sign
and /or outline lighting installation. The electrical
sign contractor shall employ only properly registered
journeymen electricians and apprentice electricians
to perform any work requiring a permit under this
section.
For the purpose of this section an "isolated" sign
and /or outline installation shall be defined as an
installation in which neither the meter nor service
supplying such installation nor any part of the
installation is mounted on or in any building or
structure not a part of said sign, signs or outline
lighting.
(b) Application. Before any person except a master
electrician shall engage in the business of a master
sign electrician, he shall make application to the
electrical board for a master sign contractor's
license on a form issued and approved by said elec-
trical board. A fee of ten dollars ($10.00) will be
paid to the building permit clerk for the examination.
(c) Issuance and fee. Before delivery of any
master sign contractor's license, the applicant
shall pay to the building permit clerk, a fee of
fifty dollars ($50.00). Renewal fee shall be
twenty -five dollars ($25.00).
Sec.11-26. Maintenance electrician's license.
(a) Scope of license. The provisions of this
section shall apply to those electricians regularly
employed on a permanent basis by any person and
who perform work only in the confines of the
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building or on the premises where they are regu-
larly employed on a permanent basis and who do
electrical maintenance work as defined in this
section. Those qualifying under this section
shall be known as maintenance electricians and
must pass examination for this license.
For the purpose of this chapter, the term
"electrical maintenance work" shall mean the
keeping in safe repair of any and all electrical
installations, apparatus and equipment, and the
moving or relocating of electrical equipment within
a building, or on the premises where the maintenance
electrician, as defined in paragraph one of this
section, is regularly employed on a permanent basis,
for which work a permit may or may not be required
under the provisions of this chapter, but does not
include the installation of new and additional
wiring, equipment or apparatus.
It shall be unlawful for any person to do any
electrical maintenance work, as defined in this
section, within the city unless such person is:
(1) Licensed as a maintenance electrician
under the provisions of this chapter.
(2) A journeyman electrician working under
the supervision of a licensed maintenance
electrician and employed on a temporary basis.
It is further provided that, should a journey-
man electrician at any time bring himself within
the definition of a maintenance electrician by
becoming employed on a permanent basis and in
general as� provided for in this section, he shall
be required to obtain a license as a maintenance
electrician in addition to his journeyman elec-
trician's certificate.
Nothing in this section shall limit the right
of a master electrician to perform such electrical
maintenance work, or to limit the work being
performed by a journeyman electrician under the
direct supervision of a master electrician or to
prohibit an apprentice from working under the
direct and constant supervision of a maintenance
electrician.
(b) The first license for a maintenance electrician
shall be ten dollars ($10.00) and the renewal fee for
said license shall be five dollars ($5.00). An
examination fee of fifteen dollars ($15.00) shall be
required.
(c) Change of employment. Every holder of a
maintenance electrician's license shall notify
the secretary of the electrical board when such
holder makes any change in his employment, giving
in such notice the name of this new employer and
the location of the premises in or on which he is
to perform electrical maintenance work.
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Sec. 11 -27. Journeyman electrician's license.
(a) Journeyman electrician's license shall
entitle the holder thereof to do work as an
electrician under the holder of a master elec-
trician or master sign electrician license. He
must have not had less than four (4) years prac-
tical experience as an apprentice electrician, or
provide satisfactory proof of qualifications to
the electrical board, directly preceding date of
application, for installing wires, conductors, and
electrical equipment for the transmission of
electrical current for light, heat or power purposes,
and shall pass an examination for this classifi-
cation. A journeyman's license shall be void if
not renewed by March 1 of each year and after
expiration may not be renewed except by specific
action of the electrical board. An examination
fee of fifteen dollars ($15.00) shall be paid to
the building permit clerk.
(b) The first license for a journeyman elec-
trician shall be ten dollars ($10.00) and the
( renewal fee shall be five dollars ($5.00).
(c) A journeyman's temporary license may be
issued, good for a period of sixty (60) days or
for the duration of any one job, if an applicant
can show evidence of four years journeyman's
experience and will furnish verification of
employment from a master electrician or master
sign electrician. A fee of two dollars ($2.00)
shall be charged for this type of permit.
(d) Application for a normal journeyman's
license must be made at the time of application
for the traveler's permit. The city inspector
shall present all traveler's permit applications
to the electrical board for review and approval at
the first regularly scheduled or specially called
meeting of the board. Such action shall be con-
sidered a regular agenda item.
(e) A temporary license shall be revoked if the
holder thereof fails to apply for a journeyman's
license, fails to timely register for the next
journeyman's examination, fails to take the next
journeyman's examination or fails the journeyman's
examination.
Sec. 11 -28. Registration of apprentice electricians.
Except as otherwise provided herein, those
persons undertaking electrical work, as defined in
this chapter, under the direct and constant
supervision of a master electrician or a jour-
neyman electrician, and who have been properly
registered with the electrical board, as hereinafter
provided, shall be known as apprentice electricians.
It shall be unlawful for any person to under-
take any work as an apprentice electrician unless
such person shall have first registered with the
electrical board and received his certificate from
said board as an apprentice electrician.
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Applications for such certificates shall be made
to the electrical board on forms issued and
approved by said board. Each such application
shall be accompanied by a letter from a master
electrician licensed under the provisions of this
chapter, recommending the applicant for registration
and also stating that the said licensed master
electrician will employ the said applicant as an
apprentice electrician.
The ratio of apprentices to master or journey-
man shall not exceed two apprentices to one master
or journeyman electrician.
Before delivery of any registration certificate
the applicant shall pay to the building permit
clerk a fee of fifty cents ($0.50).
Sec.11-30. Marking of vehicles.
All trucks and /or vehicles used by master
electricians and master sign electricians, in the
performance of their work, must have the name and
permit number permanently affixed to the body of
such trucks and /or vehicles.
Section 3: That the Code of Ordinances Chapter Eleven
Article III, "Permits and Inspections," is hereby amended by
the additions of new subsections 11 -47 (g), (h) and (i) and
a new section 11 -55.1 which shall read as follows:
Sec.11-47. When permits not required.
(g) No permit shall be required for the
installation of electrical conductors of equip-
ment to be installed within and on premises within
the control and supervision of the State Highway
Department of Texas, except for electrical service
and metering.
(h) No permit shall be required for maintenance
work performed by a licensed electrician on the
f premises of his employer.
(i) No permit shall be required for any work
within an area covered by an industrial district
contract with the City.
Sec.11-55.1. Surety bond required of master and
master sign electrician for permit to be issued.
(a) Upon every application for permit, every
master electrician shall provide proof of an
indemnity bond, with good and sufficient surety,
in the sum of ten thousand dollars ($10,000.00),
conditioned that such person shall comply in all
respects with the provisions of this chapter
and all rules and regulations promulgated by
authority hereof.
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(b) Upon every application for permit, every
master sign electrician shall provide proof of
an indemnity bond, with good and sufficient
surety, in the sum of ten thousand dollars
($10,000.00), conditioned that such person shall
comply in all respects with the provisions of
this chapter and all rules and regulations pro-
mulgated by authority hereof.
Section 4: Repealing Clause: All 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 5: Savings Clause: If any provision, section,
exception, subsection, paragraph, sentence, clause of phrase
of this ordinance of the application of same to any person
or set of circumstances, shall for any reason be held uncon-
stitutional, void or invalid, such invalidity shall not affect
the validity of the remaining provisions of this ordinance
of their application to other persons or sets of circum-
stances and to this end all provisions of this ordinance
are declared to be severable.
Section 6: Any person violating the provisions of this
ordinance shall be punished by a fine of not more than Two
Hundred ($200.00) Dollars, and each violation shall consti-
tute a separate offense.
Section 7: Effective Date: This ordinance shall take
effect from and after ten (10) days after its passage by
the City Council. The City Clerk is hereby directed to give
notice hereof by causing the caption of this ordinance to be
published in the official newspaper of the City of Baytown
at least twice within ten (10) days after its passage.
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INTRODUCED, READ and PASSED by the affirmative vote
of the City Council of the City of Baytown, on this 13th
day of October , 19 77
TOM GENTRY, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
NEEL PCHARDSON, City Attorney
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