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
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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.
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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
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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.
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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.
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(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.
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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
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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:
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TOM GENTRY, Mayor
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SCOTT BOUNIYS, City Attorney