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Ordinance No. 2,421,Q� Q.i1ud , 2 zc 6 80223 -11 ORDINANCE NO. 2421 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; CONTAIN- ING A SAVINGS CLAUSE; 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 11, "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 electri- cians and familiarity with and understanding of the rules and regulations governing electrical wiring, repairing and construction within the city. The certi- fication 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 from 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. (c) Every person desiring a license under the terms of this chapter is required to appear before the ( 80223a electrical board and present proof of qualifications as the board may require. Among the qualifications for the various licenses shall be considerations as follows: (1) Master electricians shall be electrical engineers with two (2) years practical experience in the electrical contracting industry, or four (4) years electrical experience in some related industry. A journeyman with four (4) years journeyman experience in the electrical construction industry shall also be considered to qualify for examination for the master electrician's license. (2a) Apprentices applying for the journeyman electrician's license shall have successfully completed an apprenticeship in a four (4) year apprenticeship program which is approved by both the U. S. Board of Apprenticeship & Training and the State of Texas may be given a journeyman's license without further examination; or (2b) Apprentices applying for the journeyman electrician's license who have a minimum of four (4) years electrical experience, and who pass a City of Baytown Journeyman Electrician's Examination, may be given a journeyman's license. (3) If the applicant for the journeyman electrician's license can produce proof of three (3) years of journeyman experience as verified by a county, state or municipal body and a master electrician who has employed him in the past, he may be given a journeyman's license without fur- ther examination to determine his qualifications. (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 forfeited 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 exam- inations. -2- 80223 -11b W Section 2: That the Code of Ordinances Chapter 11, 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 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. Application for a license as a master electrican shall be made, in writing, to the electrical board on a form issued by such board and each application shall be accompanied by an "examina- tion fee" of fifty ($50.00) dollars which shall be paid to the 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 transacted, 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, appli- ances, 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 a master electrician's license shall be held at the discretion of the electrical -3- W 80223c 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 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 ($100.00) dollars to the building permit clerk. Renewal fee shall be fifty ($50.00) dollars. Sec. 11 -25. blaster 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 installa- tion. The electrical sign contractor shall employ only properly registered journeymen electricians and appren- tice 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 instal- lation 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 electri- cal board. A fee of ten ($10.00) dollars will be paid to the building permit clerk for 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 ($50.00) dollars. Renewal fee shall be twenty -five ($25.00) dollars. -4- W ra 80223 -A* 1 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 building or on the premises where they are regularly 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 "elec- trical maintenance work" shall mean the keeping in safe repair of any and all electrical installations, appara- tus 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 addi- tional 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 licensed as a maintenance electrician under the provisions of this chapter, or licensed as a journeyman electrician. 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 mainte- nance electrician. (b) The first license for a maintenance electrician shall be ten ($10.00) dollars and the renewal fee for said license shall be five ($5.00) dollars. An exami- nation fee of fifteen ($15.00) dollars 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. 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 electrician or master sign electrician license. 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 ($15.00) dollars shall be paid to the building permit clerk. -5- ba 80223 - (b) The first license for a journeyman electri- cian shall be ten ($10.00) dollars and the renewal fee shall be five ($5.00) dollars. (c)(1) A journeyman's temporary license may be issued good for a period of sixty (60) days if an applicant can show evidence that he would otherwise be entitled to such license. A fee of two ($2.00) dollars shall be charged for this type of permit. (c)(2) Application for a normal journeyman's license must be made at the time of application for the temporary license. The city inspector shall present all temporary license applications to the electrical board for review and approval at the first regularly scheduled or spe- cially called meeting of the board. Such action shall be considered a regular agenda item. (c)(3) 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 exami- nation 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 journeyman 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 undertake 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. 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 appli- cant for registration and also stating that the said licensed master electrician will employ the said appli- cant as an apprentice electrician. The ratio of apprentices to master or journeyman shall not exceed four 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 ($0.50) cents. B0223-11f ( Sec. 11 -30. Marking of vehicles. All trucks and /or vehicles used by master electri- cians and master sign electricians, in the performance of their work, must have the business name and permit number affixed to the body of such trucks and /or vehicles with two (2 ") inch letters. Section 3: That the Code of Ordinances Chapter 11, 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 installa- tion of electrical conductors of equipment 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 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 two thousand five hundred ($2,500.00) dollars, con- ditioned that such person shall comply in all respects with the provisions of this chapter and all rules and regulations promulgated by authority hereof. (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 two thousand five ($2,500.00) dollars, condi- tioned that such person shall comply in all respects with the provisions of this chapter and all rules and regulations promulgated 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 -7- 802"23 -llg la other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 5: Saving Clause: If any provision, section, exception, subsection, paragraph, sentence, clause or 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 or their application to other persons or sets of circumstances 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 in the official newspaper of the City of Baytown at least twice within ten (10) days after its passage. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, on this the 23rd day of February , A.D., 1978. ATTEST; EIi'EE P. HALL, City Clerk APPROVED: -qv� TOM GENTRY, Mayor (01111 16::t�17 SCOTT BOUNIYS, City Attorney