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HomeMy WebLinkAboutA001 - FMSAutoLoad: 7/17/2014 11:03:54 AM If the registration is to be as an individual When a permit has been issued for electrical only, the name and mailing address, street LEGAL NOTICE work, all work done pursuant to that permit address and telephone number of the individual. shall be under the direct supervision of a (E) The State Division of Labor registration ORDINANCE NO. 219,5 journeyman electrician at all times. Only number. (F) Every registrant shall carry AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE those Journeymen electricians identified on the Contractor's Commercial General Liability CITY OF AMES, IOWA, BY REPEALING CHAPTER 7 AND registration of an electrical contractor will insurance in not less than $500,000.00 combined ADOPTING A NEW CHAPTER 7 RELATING TO THE ELEC- be recognized as able to,supervise work done single limit and shall provide proof of cover- TRICAL CODE AND ENFORCEMENT OF THE ELECTRICAI for that contractor. (2) Authority of inspec- age to the Building Official before registra- CODE; ESTABLISHING A PENALTY; REPEALING ALI tor. The inspector or authorized representa- tion. (G) The names of all master electricians ORDINANCES OR PARTS OF ORDINANCES IN CONFLIC tive shall have authority to enforce the provi- employed by or working for the electrical HEREWITH; AND ESTABLISHING AN EFFECTIVE DATE sions of this chapter relating to the installa- contractor. (H) The names of all journeyman BE IT ENACTED, by the City Council for the Cit, tion and testing of all electrical work. the electricians working for the electrical con- of Ames, Iowa: WHEREAS, by enactment of Ordi inspector may revoke said permit or issue a tractor. (I) The names of all apprentice nance No. 2696 on January 16, 1979, the City o' municipal infraction at any time when such work electricians employed by or working for the Ames became subject to the State Building Codi is not being done in accordance with the provi- electrical contractor. (K) Other technical pursuant to section 103A.12 Code of Iowa; and sions of this chapter or the approved plans and data and information pertaining to the work to WHEREAS, it is now.desired to withdraw froi permit; and if such permit is revoked, it will be done as may be required by the Building application of the State Building Code ant be unlawful for any person to proceed further Official. Every registrant shall provide enact the Uniform Build in Code 1988 Edition, with said work without approval of the inspec- accurate information on the registration appli- with modifications, a ong wit t e state handi- tor. (3) Right to inspect. The inspector or cation. Any changes in that information shall capped access regulations, energy efficiency authorized representative shall have access to be reported to the office of the Building regulations and factory built structures regu- any building or upon any premises, at any Official within ten (10) days from the date the lations, by reference; and, WHEREAS, notice has reasonable time, when it is necessary to make information previously supplied has become been published and public hearings held as re- an inspection to enforce the provisions of this inaccurate for any reason. (2) Inspector Shall quired by law. NOW, THEREFORE, BE IT RESOLVED, chapter or when the inspector has reasonable Res�ot�d. After application for registration The Municipal Code for the City which makes such the City Council of the City of Ames, Iowa: cause to believe that there exists a condition ass en received by the Inspector, the Inspec- Section One. h building or premises unsafe as for shall act promptly to issue the registra- o Ames, Iowa shall be and is hereby amended by defined in this code. (4) Destroying posted Lion or to determine on what basis the regis- repealing Chapter 7 thereof and enacting anew notices. It shall be unlawful for any person tration may not be issued. The Inspector shall Chapter 7 as follows: "CHAPTER 7 DIVISION I. to willfully mutilate, deface, remove or de- so respond not later than two weeks following ADOPTION; FEES; DEFINITIONS Sec. 7.101 ELEC- stroy any certificate or notice placed by the application. (3) Ex iration and Renewal of TRICAL RULES AND REGULATIONS 1) The 1990 inspector in any building in regard to the ( Re istration. Registration s a expire annu- National Electrical Code as published by The electrical work in said building. (5) Rein- a y on January 1 and may be reactivated as National Fire Protection Association, Quincy, spections. A reinspection fee may be assessed a]l as the registration information remains Me., is hereby adopted as the electrical code for each inspection or reinspection when such accurate and proof of continued liability of the City of Ames and shall govern electrical portion of work for which inspections is called coverage is submitted. (4) Transfer of Rgis- work and installations in the city of Ames is not complete or when required corrections tration is Prohibited. No registrant except for such specific, higher standards and have not been made. This provision is not to be this section shall a ow their registration by requirements as have been or may from time to interpreted as requiring reinspection fees the name or other identification to be transferred time be enacted by the City of Ames. Viola- first time a job is rejected for failure to or assigned to or in any manner directly or tions of the standards of said rules, or fail- comply with the requirements of this code, but indirectlyused b an person, firm or corpora- ure to comply with the provisions of said rules as controlling the practice of calling for Lion othe than the any eto whom issued, for any shall, when occurring within the jurisdiction inspections before the job is ready for inspec- ur ose. (5) Re istration Sus ended. The of the City of Ames constitute an offense tion or reinspection. Reinspect ion fees may be Electrical Board s a ave t e out ority to against the City of Ames, Iowa. DIVISION II. assessed, when the approved plans are not suspend an registration issued under this PERMITS AND INSPECTIONS Sec. 7.201. PERMITS. readily available to the inspector, for failure section for any ofthe following acts by the (1) Electrical Permit Required. An electrical to provide access on the date for which inspec- Registrant: (A) Continued work after the permit is required whenever a person intends to tion is requested or for deviating from plans issuance of a stop order. (B) Initiating work install electrical equipment in or upon any requiring the approval of the building offi- in violation of the Board's decision or prior building or property or make any alteration or i cial. To obtain reinspection, the applicant to Board's decision. (C) Causing or per- change in the wiring of any building, or in any shall file to the an application therefore in writing the the unauthorized or prohibited use of a electrical installation therein or thereon, or upon a form furnished for that purpose and pay valid registration, by another, such as to connect any electric current to any wires, or the reinspection fee in accordance with city allow the rights and privileges of registration requirements. In instances where reinspection apparatus, except as hereinafter provided. (2) to be applied to one not duly registered. (D) No permit is required for the following de- fees have been assessed, no additional inspec- Judgment entries of two (2) violations of any scribed work: (A) Replacement of lamps and tion of the work will be per until the of the provisions of this chapter committed fuses, or the connection of portable electrical required fees have been paid. (6) Notice of within a period of twelve (12) consecutive equipment to permanently installed receptacles. final inspection. It shall be the duty of the months. Such suspension of registration shall (8) The installation, alteration or repair of person doing the work authorized by the permit be for a time not to exceed six (6) months. electrical equipment installed by, or for, any to notify the inspector, orally or in.writing, After expiration of such period of time as the electrical supply agency in the generation, that said work is ready for inspection. It transmission, distribution or metering of shall be the responsibility of the permittee to Board shall have designated, and after paymentof any outstanding fines and routine renewal electricity. (C) Work involved in the manufac- ensure that access is provided such that an fee, if it has become due in the interim, the turing, testing, servicing, altering or repair- inspection can be made. Upon the satisfactory'ng of electrical equipment or suspended registration shall again become valid . apparatus, completion and final test of the electrical ._and.effective.. (6) Repi.�4;ration Revoked. The _ system a notice of final inspection, with the signature of the electrical inspector thereon, Electrical Board shall have the authority to except that this exemption shall not include will be posted in a suitable place in the revoke any registration issued under this any permanent wiring. (D) Work involved in the building and a record of such final inspection section for: (A) Judgment entry of a violation erection, installation, repairing, remodeling retained in the inspection division. Sec. constituting the practice of any fraud or p _ or maintenance of elevators, dumbwaiters or 7.203. FEES (1) Fees pertaining to this chap- deceit in securing (a) a license or (b) a escalators, not including electrical equipment ter shall be in such amounts as shall be estab- permit. (8) Judgment entry of three (3) viola- for supplying current to the control panel of lished from time to time by resolution of the tions of this chapter committed within a period elevators, dumbwaiters or escalators. (E) The city council. DIVISION III. LICENS- of twelve (12) consecutive months. Such revo- assembly, erection and connection of electrical ES/REGISTRATION Sec. 7.301. DEFINITIONS cation of a registration by the Board shall be equipment by the manufacturer of such equip- The following definitions of terms shall be full and final cancellation of such registra- ment, but not including any electrical equip- used in the interpretation of this chapter: tion, made effective on the date of the Board's ment other than that involved in making elec- (1) rentice Electrician. An apprentice is decision. Any Registrant so judged by the tricot connections on the equipment itself, or an emp AT-- o a registere electrical contrac- Board shall not, thereafter, be allowed to be between two (2) or more units of said equip- for who while learning the electrical trade, is registered again in the City. (7) Su�, ment. (F) For simple replacement of electrical assisting in the installation, alteration or or Revocation Hearing. In considering a ega- fixtures such as wall plugs, and light fix- repair of electrical systems and while engaged tions under this section regarding suspension tures. (3) Application for permit. An appli- in such work is in the presence of and under or revocation of a registration, the Electrical cation shall be made in writing at the inspec- the direct supervision of a licensed journeyman Board shall proceed upon sworn information Lion division on the form provided by the city. electrician. (2) Journeyman electrician. A furnished it by an official of the City, or by • Only registered electrical contractors may journeyman electrician is a person who through any person. Such information shall be in apply for a electrical permit, except as pro- training and experience has acquired the requi- writing and shall be duly verified by the vided in Sec. 7.304. (4) Issuance of permit. site skill and knowledge necessary for the person familiar with the allegations made. The Upon approval of the application by the inspec- proper installation, alteration and repair of Board shall issue an order setting the matter for and approval of the plans and specifica- electrical systems and who holds a valid li- for hearing at a specified time and place, and tions if required, the permit shall be issued tense as a journeyman electrician from the the Secretary of the Board, with the advice of and a record thereof retained in the inspection city. A journeyman electrician shall have had the City Attorney, shall cause a copy of the division. (5) Permits required for additional at least four years' experience as an appren- Board's order, and of the allegation, to be work. When a electrical permit has been issued tice electrician. (3) Master electrician. A served upon the Registrant by registered mail for electrical work, no additional work not in- master electrician is a person engages—in the at least fifteen (15) days before the date set cluded in the permit may be undertaken or business of electrical work, other than a for the hearing. The Registrant may appear in additional fixturesset, until the permit has journeyman electrician engaged in the actual person or by counsel at the time and place been amended to include the additional work. I installation, alteration and repair of electri- named in the order and present his/her defense Any additional permit fees shall be calculated cal work, and who is skilled in the planning, to the Board. The City Attorney shall provide in the same manner as though the total value of superintending and practical installation of counsel for the Board. If the Registrant fails the permit was calculated at one time. (6) electrical systems and familiar with the laws, or refuses to appear, the Board may proceed to Expiration of permits. When a permit has been rules and regulations of the city and the State hear and determine the charge in his/her ab- issued to do electrical work, such work shall of Iowa governing the same and who holds a sence. If he/she admits the allegation, or if, be started within one hundred eighty (180) days valid license as a master electrician issued by upon hearing, the Board finds any of the alle- from date of the permit, and be completed the city. (4) Electrical Contractor. An gations to be true, it may enter an order within one year after beginning the work, individual firm or corporation w is performs suspending or revoking the registration. otherwise such permit is null and void and a services doing electrical installations. Sec. Suspension or revocation resulting from a renewal of such permit must be obtained. (7) 7.302. REGISTRATION. Before doing any busi- decision of the Board shall preclude the Regis- Work commenced without permit. It shall be ness in the city, an electrical contractor trant from securing a permit for work con- unlawful for any person, firm or corporation to shall register with the City Inspections De- trolled by that registration in the city, or make any installation, extension, connection or partment according to the following procedure: from becoming so registered under alternated addition to the electrical system of a building (1) Information to be provided. An applicant identification, as long as the suspension or in the City without first obtaining permit to for electrical contractor registration under revocation is in effect.. Sec. 7.303. ELECTRI- do so. This provision shall not apply to emer- this section shall provide to the Inspector the CIANS' LICENSES (1) Ex iration Renewal of gency work when it shall be proved to the following information: (A) The complete name, Licenses; Fees; Tra_n_sfer�a ty. License ees satisfaction of the inspector that such work complete mailing address and telephone number an licenses shall not be transferable and was urgently necessary and that it was not of the firm or corporation. (B) The name, shall expire on the thirty-first day of Decem- practical to apply for a permit before com- position and private mailing address of a ber of second December following issuance of mencement of the work. In all such cases, a manager or general agent of the firm or of each the license. Licenses may be renewed upon the permit must be obtained as soon as it is prat- officer of a corporation and the registered payment of a reasonable fee set by the City tical to do so. Sec. 7.202. INSPECTION, TESTS agent for service of legal process on the Clerk to cover cost of administration and AND ENFORCEMENT. (1) Supervision of the work. corporation. (C) The name, position and pri- presentation of a certificate indicating the vate mailing address of a person who is author- Licensee's completion of an 8-hour continuing ized to bind the firm in legal agreements. (D) education course on the most current electrical code within the past three years. Failure to renew a license before the expiration date may subject the person to a new examination except on the recommendation of the board. (2) Appli- cation for License R aired• Examination Fee. Eac app cant or a xense either as a Jour- neyman or Master Electrician shall fill out and file an application for such license on forms furnished, and shall pay a fee to the 'city clerk. Prior to testing, proof of four years of apprenticeship to a licensed journeyman electrician is required. (3) Notice of Examination Require . The electrical inspector ssis T-noti y the applicant for a license here- under of the time and place where the examina- tion will be held. Such notice shall be given in writing at least three (3) days, exclusive of Sundays and holidays, in advance of the date set for such examination. (4) Recetot for fee Re uired. The applicant for an examination ereun er shall, before taking such examina- tion, present to the secretary of the board of electrical examiners, or designee, a receipt, from the city clerk showing payment of the examination fee. (5) Examination Authoriza- tion of Issuance of License. T e E ectrica B Proof of Publication In The oar s a examine eac applicant at the time and place set forth in the notice and if satis- fied as to the competence of the applicant for the license applied for shall authorize the inspector to notify the city clerk of the name, address and license to be issued to each appli- cant successfully passing such examination. (6) Issuance of License. The city clerk upon receipt o written notice from the inspector of the applicants to receive licenses shall issue STATE OF IOWA, STORY COUNTY, 55. such licenses and retain a record thereof in the city clerk's office. The examination fee shall not constitute payment of the license fee for the calendar year of issue. (7) Licenses I, Craig McMullin jDaYt-k4t, on oath depose and Not Transferable; Expiration, Renewal; Fee. Licenses are not transferable. Licenses shah say that I am president I acrvl. »g-•reaager of be issued biennially and shall expire on the thirty-first day of December of the second THE DAILY TRIBUNE, a daily newspaper, printed year. Licenses may be renewed upon the payment of a reasonable fee set by the City Council to at Ames, Story County, Iowa; that the annexed cover cost of administration. Failure to renew a license before the expiration date may sub- printed ject the person to a new examination, except on recommendation of the Board that the examina- tion requirement be waived. In order to renew a license, proof of attendance at a code update CITY OF AMES seminar shall be submitted. The seminar must be officially sanctioned by the Inspection Ordinance N 3195 Division. (8) Recognition of Licenses from Other Cities. The Board may without examina- tion issue a license to any electrician holding a license from another city recognized by the board as having similar licensing standards. was published in said newspaper for 1 The board shall adopt written procedures for determining that the licensing standards are consecutive week the first similar and shall maintain records of those ! cities for which electrical licenses shall be and the last of said publication was on the recognized. (g) Licenses to be shown. Licens- es shall be carried at all times while engaged (7Z ber, 13 in electrical work in the City of Ames. At theInspector's request licenses must be shown. (10) License Sus ens-1ty The Electrical Board shall eve t e out ority to suspend the license a L of any electrician for any of the following acts: (A) Judgment entry of two (2) violations of any of the provisions of this chapter committed within a period of twelve (12) consecutive months. Such suspension of license shall be for a time not to exceed six (6) Sworn to before me and subscribed In my months. After expiration of such period of time as the Board shall have designated, and presence by Craig McMullin after payment of any outstanding penalties, costs, fees and proof of compliance and routine renewal fee, if it has become due in the interim, the suspended license shall again this 38th day of September, 1992. become valid and effective. (11) License Revocation. The Electrical Code shall have t e authorityty to revoke the license. of .any electrician for any of the following acts: (A) Any fraud, deceit or misrepresentation in the AN E A. N IC HO LAS application or examination for an electrician's r license. (8) Judgment entry of three (3) o w Notary f`UblIC violations of any of the provisions of this chapter committed within a period of twelve (12) consecutive months. Such revocation of a license by the Board shall be full and final in and for the State of Iowa cancellation of such license, made effective on the date of the Board's decision. Any Licensee so jtJged by the Board shall not, thereafter, be allowed to be licensed again in the City. (12) Suspension or Revocation Hearin a. In considering allegations under this section regarding suspension or revocation of a license, the Board shall proceed upon sworn Fees, $2��.43. information furnished it by an official of the City, or by any person. Such information shall be in writing and shall be duly verified by the person familiar with the allegations made. The Board shall issue an order setting the matter for hearing at a specified time and place, and the Secretary of the Board, with the advice of the City Attorney, shall cause a copy of the Board's order, and of the allegations, to be served upon the licensee by registered mail at least fifteen (15) days before :he date set for the hearing. The licensee may appear in person or b.',counsel at the time and place named in the order and present his/her defense to the Board. The City Attorney shall provide counsel for the Board. If the licensee fails or refus- es to appear, the Board may proceed to hear and determine the allegations in his/her absence. If he/she admits the allegations, or if, upon a hearing, the Board finds any of the allegations to be true, it may enter an order suspending or revoking the license. Suspension or revocation resulting from a decision of the Board shall preclude the licensee from doing any plumbing work in the city as long as the suspension or revocation is in effect. Sec. 7.304. E%EMP- (LEGALS continued from previous page.) members of the Electrical Board shall serve 1 wN FOR HOMEOWNER. No such license or regis- without compensation. Sec. 7.404. TERM OF ,ration procedure shall be required for altera- OFFICE OF BOARD. The term of office of the tion or repair work to be performed on a single members of the Electrical Board shall be three family residential structure when the person (3) years and they shall serve. until their performing the alteration or repair work is the successors are appointed. The terms begin on owner of the structure, and has his or her April first of the year of appointment. No legal residence there. The homeowner shall be member shall serve more than two automatically termed a Licensee/Registrant for consecutive terms. Sec. 7.405. OFFICERS OF the purposes of such a project. Notwithstand- BOARD. The board shall annually select one of ping such relief from licensing/registration, its members to act as chairperson, and one to all requirements for permits for the work shall act as vice chairperson. Records of the board remain in force. DIVISION IV. ELECTRICAL shall be maintained in the office of the elec- BOARD Sec. 7.401. ELECTRICAL BOARD CREATED; trical inspector. The inspector shall assist MEMBERSHIP, APPOINTMENT; QUORUM; AUTHORITY the board-in preparing and conducting examina- There is hereby created a Board of Electrical tions. Sec.'7.4O6. APPEALS FROM INSPEC- Examiners and Appeals, of three (3) members, at TOR'S DECISION (1) Any person aggrieved by a least one of whom shall be a Master Electrician decision of the electrical inspector affecting and one shall be a Journeyman Electrician and interpretation may request and shall be granted one shall be either a Master or Journeyman a hearing on the decision provided that within Electrician, appointed by the mayor and ap- 15 days after the date the person received proved by the city council. Two (2) of the notice of the decision, an application is filed board members shall constitute a quorum for the with the inspection Division, setting forth a transaction of business. The electrical in- brief statement of the grounds for appeal. spector employed by the city shall be a member Upon receipt of the request, the inspector ex officio of the board without voting power. shall give the petitioner written notice of the The board has the responsibility and authority date of hearing thereof at least three days to: (1) Prepare and conduct written examina: before the date set. (2) All hearings shall be tions, and examine the practical qualifications public, in accordance with the laws of the of applicants for the licenses and certificates State of Iowa relating to government agency required by this chapter, and to rule on the meetings. The hearing shall be held in accor- qualifications of applicants prior to examina- dance with rules adopted by the board and city tion. (2) Act as a board of appeals to hear council. At the hearing the appellant and/or appeals from decisions of a electrical inspec- agent shall be given an opportunity to be for when it is claimed that the true intent of heard. The inspector shall have an opportunity the electrical code has been incorrectly inter- to show why his/her decision should be af- preted, the provisions of the code do not firmed. All interested persons shall be given apply, or an equally good or better form of an opportunity to be heard. Sec. 7.407. construction can be allowed. (3) Review DECISION After a hearing, the board shall proposed changes to this chapter and make affirm, modify or overrule the decision of the • recommendation to the city council. The board inspector. Every action of the board shall be shall have no power to waive any provision of reduced to writing, stating its findings and this code. The board shall have no authority reasoning, and signed by the chairperson. The over activity within city right-of-ways or decision shall be promptly filed and sent to easements. This authority is reserved to the the appellant. Sec. 7.408. ENFORCEMENT OF director of the Electric Utility. The board DECISION The city inspector shall take immedi- shall adopt, from time to time such rules and ate action to enforce the decision of the regulations as it may deem necessary to carry board. Sec. 7.409. CODE AMENDMENTS. (1) into effect the board's duties as set out in Authority - the Electrical Board shall review this chapter. Sec. 7.402. DATES OF BOARD and make recommendation on any and all proposed MEETINGS The Board shall meet in the months of changes to this code. Recommendations shall be January, April, July and October of each year, forwarded to the City Council for final action. or at such time and place as notified by the (2) Philosophy - It shall be the philosophy of chairperson of the board, to examine applicants the City that the local code should follow as for a license to engage in or work at the closely as possible the national standards as business of electrical. Additionally, the established by the National Electric Code. (3) board shall meet upon notice of the chairperson Procedure for Amendment (a) Any proposed of the board within ten (10) days of the filing change to this chapter shall initially be of an appeal or for other necessary business. brought to the board of appeal for public Sec. 7.403. COMPENSATION OF BOARD. The hearing and recommendation to the City Council for final action. (b) Written notification of proposed changes shall be given to individuals registered with the City.prior to the public hearing before the board. DIVISION V. PENALTY Sec. 7.501. PENALTY. Any person,.corporation or other legal entity who violates or resists the. enforcement of any of the provisions of this ordinance commits a municipal infraction punishable by a civil penalty of thirty dollars ($30) for the initial offense, one hundred dollars ($1OO) for the second offense, and two hundred dollars ($2OO) for each repeat offense. Each day that a municipal infraction occurs constitutes a separate offense. Any person, corporation or other legal entity who violates this ordinance after having previously been found guilty of violating the same ordinance provision at the same location or at a differ- ent location shall be considered to have com- mitted a repeat offense. Seeking a civil penalty as authorized in this section does not preclude the city from seeking alternative relief, including an order for abatement or injunctive relief." Section Two. All ordi- nances or parts of ordinances in conflict here- with are hereby repealed to the extent of such conflict, if any. Section Three. This ordi- nance shall be in fuTl�e and effect on April 1, 1992, from and after its passage and publication as required by law. Passed this day of 1992. Jill Ripperger,AActing City Clerk Larry R. Curtis Published In The Daily Tribune September 30, 1992.