HomeMy WebLinkAbout~Master - Adopting New Electrical Code ORDINANCE NO. 3195
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE
CITY OF AMES, IOWA, BY REPEALING CHAPTER 7 AND
ADOPTING A NEW CHAPTER 7 RELATING TO THE ELECTRI-
CAL CODE AND ENFORCEMENT OF THE ELECTRICAL CODE;
ESTABLISHING A PENALTY; REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND
ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED, by the City Council for the City of Ames, Iowa:
WHEREAS, by enactment of Ordinance No. 2696 on January 16, 1979,
the City of Ames became subject to the State Building Code pursuant to
section 103A.12 Code of Iowa; and,
WHEREAS, it is now desired to withdraw from application of the State
Building Code and enact the Uniform Building Code, 1988 Edition, with
modifications, along with the state handicapped access regulations,
energy efficiency regulations and factory built structures regulations,
by reference; and,
WHEREAS, notice has been published and public hearings held as re-
quired by law.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of Ames, Iowa:
Section One. The Municipal Code for the City of Ames, Iowa shall be
and is hereby amended by repealing Chapter 7 thereof and enacting a
new Chapter 7 as follows:
"CHAPTER 7
DIVISION I. ADOPTION; FEES; DEFINITIONS
Sec. 7.101 ELECTRICAL RULES AND REGULATIONS
(1) The 1990 National Electrical Code as published by The
National Fire Protection Association, Quincy, Ma. , is
hereby adopted as the electrical code of the City of Ames
and shall govern electrical work and installations in the
city of Ames except for such specific, higher standards
and requirements as have been or may from time to time
be enacted by the City of Ames. Violations of the
standards of said rules, or failure to comply with the
provisions of said rules shall, when occurring within the
jurisdiction of the City of Ames constitute an offense
against the City of Ames, Iowa.
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DIVISION II. PERMITS AND INSPECTIONS
Sec. 7.201. PERMITS.
(1) Electrical Permit Required. An electrical permit is
required whenever a person intends to install electrical
equipment in or upon any building or property or make
any alteration or change in the wiring of any building, or
in any electrical installation therein or thereon, or
connect any electric current to any wires, or apparatus,
except as hereinafter provided.
(2) No permit is required for the following described work:
(A) Replacement of lamps and fuses, or the connection of
portable electrical equipment to permanently installed
receptacles.
(B) The installation, alteration or repair of electrical
equipment installed by, or for, any electrical supply
agency in the generation, transmission, distribution
or metering of electricity.
(C) Work involved in the manufacturing, testing,
servicing, altering or repairing of electrical
equipment or apparatus, except that this exemption
shall not include any permanent wiring.
(D) Work involved in the erection, installation,
repairing, remodeling or maintenance of elevators,
dumbwaiters or escalators, not including electrical
equipment for supplying current to the control panel
of elevators, dumbwaiters or escalators.
(E) The assembly, erection and connection of electrical
equipment by the manufacturer of such equipment,
but not including any electrical equipment other than
that involved in making electrical connections on the
equipment itself, or between two (2) or more units
of said equipment.
(F) For simple replacement of electrical fixtures such as
wall plugs, and light fixtures.
(3) Application for permit. An application shall be made in
writing at the inspection division on the form provided by
the city. Only registered electrical contractors may
apply for a electrical permit, except as provided in Sec.
7.304.
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(4) Issuance of permit. Upon approval of the application by
the inspector and approval of the plans and specifications
if required, the permit shall be issued and a record
thereof retained in the inspection division.
(5) Permits required for additional work. When a electrical
permit has been issued for electrical work, no additional
work not included in the permit may be undertaken or
additional fixtures set, until the permit has been
amended to include the additional work. Any additional
permit fees shall be calculated in the same manner as
though the total value of the permit was calculated at one
time.
(6) Expiration of permits. When a permit has been issued to
do electrical work, such work shall be started within one
hundred eighty (180) days from date of the permit, and
be completed within one year after beginning the work,
otherwise such permit is null and void and a renewal of
such permit must be obtained.
(7) Work commenced without permit. It shall be unlawful for
any person, firm or corporation to make any installation,
extension, connection or addition to the electrical system
of a building in the city without first obtaining a permit
to do so. This provision shall not apply to emergency
work when it shall be proved to the satisfaction of the
inspector that such work was urgently necessary and
that it was not practical to apply for a permit before
commencement of the work. In all such cases, a permit
must be obtained as soon as it is practical to do so.
Sec. 7.202. INSPECTION, TESTS AND ENFORCEMENT.
(1) Supervision of the work. When a permit has been
issued for electrical work, all work done pursuant to that
permit shall be under the direct supervision of a
journeyman electrician at all times. Only those
journeymen electricians identified on the registration of
an electrical contractor will be recognized as able to
supervise work done for that contractor.
(2) Authority of inspector. The inspector or authorized
representative shall have authority to enforce the
provisions of this chapter relating to the installation and
testing of all electrical work. The inspector may revoke
said permit or issue a municipal infraction at any time
when such work is not being done in accordance with
the provisions of this chapter or the approved plans and
permit; and if such permit is revoked, it will be unlawful
for any person to proceed further with said work
without approval of the inspector.
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(3) Right to inspect. The inspector or authorized rep-
resentative shall have access to any building or upon any
premises, at any reasonable time, when it is necessary to
make an inspection to enforce the provisions of this
chapter or when the inspector has reasonable cause to
believe that there exists a condition which makes such
building or premises unsafe as defined in this code.
(4) Destroying posted notices. It shall be unlawful for any
person to willfully mutilate, deface, remove or destroy
any certificate or notice placed by the inspector in any
building in regard to the electrical work in said building.
(5) Reinspections. A reinspection fee may be assessed for
each inspection or reinspection when such portion of work
for which inspections is called is not complete or when
required corrections have not been made.
This provision is not to be interpreted as requiring
reinspection fees the first time a job is rejected for
failure to comply with the requirements of this code, but
as controlling the practice of calling for inspections
before the job is ready for inspection or reinspection.
Reinspection fees may be assessed, when the approved
plans are not readily available to the inspector, for
failure to provide access on the date for which inspection
is requested or for deviating from plans requiring the
approval of the building official.
To obtain reinspection, the applicant shall file an
application therefore in writing upon a form furnished for
that purpose and pay the reinspection fee in accordance
with city requirements.
In instances where reinspection fees have been assessed,
no additional inspection of the work will be performed
until the required fees have been paid.
(6) Notice of final inspection. It shall be the duty of the
person doing the work authorized by the permit to
notify the inspector, orally or in writing, that said work
is ready for inspection. It shall be the responsibility of
the permittee to ensure that access is provided such that
an inspection can be made. Upon the satisfactory
completion and final test of the electrical system a notice
of final inspection, with the signature of the electrical
inspector thereon, will be posted in a suitable place in
the building and a record of such final inspection
retained in the inspection division.
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Sec. 7.203. FEES
(1) Fees pertaining to this chapter shall be in such amounts
as shall be established from time to time by resolution of
the city council.
DIVISION III. LICENSES/REGISTRATION
Sec. 7.301. DEFINITIONS
The following definitions of terms shall be used in the
interpretation of this chapter:
(1) Apprentice Electrician. An apprentice is an employee of
a registered electrical contractor who while learning the
electrical trade, is assisting in the installation, alteration
or repair of electrical systems and while engaged in such
work is in the presence of and under the direct
supervision of a licensed journeyman electrician.
(2) Journeyman electrician. A journeyman electrician is a
person who through training and experience has
acquired the requisite skill and knowledge necessary for
the proper installation, alteration and repair of electrical
systems and who holds a valid license as a journeyman
electrician from the city. A journeyman electrician shall
{ have had at least four years' experience as an apprentice
electrician.
(3) Master electrician. A master electrician is a person
engaged in the business of electrical work, other than a
journeyman electrician engaged in the actual installation,
alteration and repair of electrical work, and who is
skilled in the planning, superintending and practical
installation of electrical systems and familiar with the
laws, rules and regulations of the city and the State of
Iowa governing the same and who holds a valid license
as a master electrician issued by the city.
(4) Electrical Contractor. An individual firm or corporation
which performs services doing electrical installations.
Sec. 7.302. REGISTRATION.
Before doing any business in the city, an electrical contractor
shall register with the City Inspections Department according
to the following procedure:
(1) Information to be provided. An applicant for electrical
contractor registration under this section shall provide to
the Inspector the following information:
(A) The complete name, complete mailing address and
telephone number of the firm or corporation.
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(B) The name, position and private mailing address of a
manager or general agent of the firm or of each
officer of a corporation and the registered agent for
service of legal process on the corporation.
(C) The name, position and private mailing address of a
person who is authorized to bind the firm in legal
agreements.
(D) If the registration is to be as an individual only,
the name and mailing address, street address and
telephone number of the individual.
(E) The State Division of Labor registration number.
(F) Every registrant shall carry Contractor's Commercial
General . Liability insurance in not less than
$500,000.00 combined single limit and shall provide
proof of coverage to the Building Official before
registration.
(G) The names of all master electricians employed by or
working for the electrical contractor.
(H) The names of all journeyman electricians working for
the electrical contractor.
(I) The names of all apprentice electricians employed by
or working for the electrical contractor.
(K) Other technical data and information pertaining to
the work to be done as may be required by the
Building Official.
Every registrant shall provide accurate information on the
registration application. Any changes in that information shall
be reported to the office of the Building Official within ten
(10) days from the date the information previously supplied
has become inaccurate for any reason.
(2) Inspector Shall Respond. After application for
registration has been received by the Inspector, the
Inspector shall act promptly to issue the registration or
to determine on what basis the registration may not be
issued. The Inspector shall so respond not later than
two weeks following application.
(3) Expiration and Renewal of Registration. Registration
shall expire annually on January 1 and may be
reactivated as long as the registration information remains
accurate and proof of continued liability coverage is
submitted.
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(4) Transfer of Registration is Prohibited. No registrant
under this section shall allow their registration by name
or other identification to be transferred or assigned to or
in any manner directly or indirectly used by any
person, firm or corporation other than the one to whom
issued, for any purpose.
(5) Registration Suspended. The Electrical Board shall have
the authority to suspend any registration issued under
this section for any of the following acts by the
Registrant:
(A) Continued work after the issuance of a stop order.
(B) Initiating work in violation of the Board's decision
or prior to the Board's decision.
(C) Causing or permitting the unauthorized or prohibited
use of a valid registration, by another, such as to
allow the rights and privileges of registration to be
applied to one not duly registered.
(D) Judgment entries of two (2) violations of any of the
provisions of this chapter committed within a period
of twelve (12) consecutive months.
Such suspension of registration shall be for a time
not to exceed six (6) months. After expiration of
such period of time as the Board shall have
designated, and after payment of any outstanding
fines and routine renewal fee, if it has become due
in the interim, the suspended registration shall
again become valid and effective.
(6) Registration Revoked. The Electrical Board shall have
the authority to revoke any registration issued under this
section for:
(A) Judgment entry of a violation constituting the
practice of any fraud or deceit in securing (a) a
license or (b) a permit.
(B) Judgment entry of three (3) violations of this
chapter committed within a period of twelve (12)
consecutive months.
Such revocation of a registration by the Board shall be
full and final cancellation of such registration, made
effective on the date of the Board's decision. Any
Registrant so judged by the Board shall not, thereafter,
be allowed to be registered again in the City.
(7) Suspension or Revocation Hearing. In considering
allegations under this section regarding suspension or
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revocation of a registration, the Electrical Board shall
proceed upon sworn 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 allegation, to be served
upon the Registrant by registered mail at least fifteen
(15) days before the date set for the hearing. The
Registrant may appear in person or by 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 Registrant fails or refuses
to appear, the Board may proceed to hear and determine
the charge in his/her absence. If he/she admits the
allegation, or if, upon hearing, the Board finds any of
the allegations to be true, it may enter an order
suspending or revoking the registration. Suspension or
revocation resulting from a decision of the Board shall
preclude the Registrant from securing a permit for work
controlled by that registration in the city, or from
becoming so registered under alternated identification, as
long as the suspension or revocation is in effect.
Sec. 7.303. ELECTRICIANS' LICENSES
(1) Expiration Renewal of Licenses; Fees; Transferability.
License fees and licenses shall not be transferable and
shall expire on the thirty-first day of December of second
December following issuance of the license. Licenses may
be renewed upon the payment of a reasonable fee set by
the City Clerk to cover cost of administration and
presentation of a certificate indicating the Licensee's
completion of an 8-hour continuing 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) Application for License Required; Examination Fee. Each
applicant for a license either as a Journeyman 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 Required. The electrical inspector
shall notify the applicant for a license hereunder of the
time and place where the examination will be held. Such
notice shall be given in writing at least three (3) days,
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exclusive of Sundays and holidays, in advance of the
date set for such examination.
(4) Receipt for Fee Required. The applicant for an
examination hereunder shall, before taking such
examination, 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, Authorization of Issuance of License. The
Electrical Board shall examine each applicant at the time
and place set forth in the notice and if satisfied 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
applicant successfully passing such examination.
(6) Issuance of License. The city clerk upon receipt of
written notice from the inspector of the applicants to
receive licenses shall issue 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 Not Transferable; Expiration, Renewal; Fee.
Licenses are not transferable. Licenses shall be issued
biennially and shall expire on the thirty-first day of
December of the second year. Licenses may be renewed
upon the payment of a reasonable fee set by the City
Council to cover cost of administration. Failure to renew
a license before the expiration date may subject the
person to a new examination, except on recommendation
of the Board that the examination requirement be
waived. In order to renew a license, proof of attendance
at a code update seminar shall be submitted. The
seminar must be officially sanctioned by the Inspection
Division.
(8) Recognition of Licenses from Other Cities. The Board
may without examination issue a license to any electrician
holding a license from another city recognized by the
board as having similar licensing standards. The board
shall adopt written procedures for determining that the
licensing standards are similar and shall maintain records
of those cities for which electrical licenses shall be
recognized.
(9) Licenses to be shown. Licenses shall be carried at all
times while engaged in electrical work in the City of
Ames. At the Inspector's request licenses must be
shown.
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(10) License Suspension. The Electrical Board shall have the
authority to suspend the license 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) months. After expiration of such period
of time as the Board shall have designated, and 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 become valid and effective.
(11) License Revocation. The Electrical Code shall have the
authority to revoke the license of any electrician for any
of the following acts:
(A) Any fraud, deceit or misrepresentation in the
application or examination for an electrician's
license.
(B) Judgment entry of three (3) 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 cancellation of such license, made effective on
the date of the Board's decision. Any Licensee so judged
by the Board shall not, thereafter, be allowed to be
licensed again in the City.
(12) Suspension or Revocation Hearing. In considering
allegations under this section regarding suspension or
revocation of a license, the Board shall proceed upon
sworn 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 the date
set for the hearing. The licensee may appear in person
or by 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 refuses 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
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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. EXEMPTION FOR HOMEOWNER.
No such license or registration procedure shall be
required for alteration or repair work to be performed on a
single family residential structure when the person performing
the alteration or repair work is the owner of the structure,
and has his or her legal residence there. The homeowner
shall be automatically termed a Licensee/Registrant for the
purposes of such a project. Notwithstanding such relief from
licensing/registration, all requirements for permits for the
work shall remain in force.
DIVISION IV. ELECTRICAL BOARD
Sec. 7.401. ELECTRICAL BOARD CREATED; MEMBERSHIP,
APPOINTMENT; QUORUM; AUTHORITY
There is hereby created a Board of Electrical Examiners
and Appeals, of three (3) members, at least one of whom
shall be a Master Electrician and one shall be a Journeyman
Electrician and one shall be either a Master or Journeyman
Electrician, appointed by the mayor and approved by the city
council. Two (2) of the board members shall constitute a
quorum for the transaction of business. The electrical
inspector employed by the .city shall be a member ex officio of
the board without voting power. The board has the
responsibility and authority to:
(1) Prepare and conduct written examinations, and examine
the practical qualifications of applicants for the licenses
and certificates required by this chapter, and to rule on
the qualifications of applicants prior to examination.
(2) Act as a board of appeals to hear appeals from decisions
of a electrical inspector when it is claimed that the true
intent of the electrical code has been incorrectly
interpreted, the provisions of the code do not apply, or
an equally good or better form of construction can be
allowed.
(3) Review proposed changes to this chapter and make
recommendation to the city council.
The board shall have no power to waive any provision of this
code. The board shall have no authority over activity within
city right-of-ways or easements. This authority is reserved
to the director of the Electric Utility.
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The board shall adopt, from time to time such rules and
regulations as it may deem necessary to carry into effect the
board's duties as set out in this chapter.
Sec. 7.402. DATES OF BOARD MEETINGS
The Board shall meet in the months of January, April,
July and October of each year, or at such time and place as
notified by the chairperson of the board, to examine applicants
for a license to engage in or work at the business of
electrical. Additionally, the board shall meet upon notice of
the chairperson of the board within ten (10) days of the filing
of an appeal or for other necessary business.
Sec. 7.403. COMPENSATION OF BOARD.
The members of the Electrical Board shall serve without
compensation.
Sec. 7.404. TERM OF OFFICE OF BOARD.
The term of office of the members of the Electrical Board
shall be three (3) years and they shall serve until their
successors are appointed. The terms begin on April first of
the year of appointment. No member shall serve more than
two consecutive terms.
Sec. 7.405. OFFICERS OF BOARD.
The board shall annually select one of its members to act
as chairperson, and one to act as vice chairperson. Records
of the board shall be maintained in the office of the electrical
inspector. The inspector shall assist the board in preparing
and conducting examinations.
Sec. 7.406. APPEALS FROM INSPECTOR'S DECISION
(1) Any person aggrieved by a decision of the electrical
inspector affecting interpretation may request and shall
be granted a hearing on the decision provided that within
15 days after the date the person received notice of the
decision, an application is filed with the Inspection
Division, setting forth a brief statement of the grounds
for appeal. Upon receipt of the request, the inspector
shall give the petitioner written notice of the date of
hearing thereof at least three days before the date set.
(2) All hearings shall be public, in accordance with the laws
of the State of Iowa relating to government agency
meetings. The hearing shall be held in accordance with
rules adopted by the board and city council. At the
hearing the appellant and/or agent shall be given an
opportunity to be heard. The inspector shall have an
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opportunity to show why his/her decision should be
affirmed. All interested persons shall be given an
opportunity to be heard.
Sec. 7.407. DECISION
After a hearing, the board shall affirm, modify or
overrule the decision of the inspector. Every action of the
board shall be reduced to writing, stating its findings and
reasoning, and signed by the chairperson. The decision
shall be promptly filed and sent to the appellant.
Sec. 7.408. ENFORCEMENT OF DECISION
The city inspector shall take immediate action to enforce the
decision of the board.
Sec. 7.409. CODE AMENDMENTS.
(1) Authority - the Electrical Board shall review and make
recommendation on any and all proposed changes to this
code. Recommendations shall be forwarded to the City
Council for final action.
(2) Philosophy - It shall be the philosophy of the City that
the local code should follow as closely as possible the
national standards as established by the National Electric
Code.
(3) Procedure for Amendment
(a) Any proposed change to this chapter shall initially
be brought to the board of appeal for public 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 ordi-
nance commits a municipal infraction punishable by a civil
penalty of thirty dollars ($30) for the initial offense, one
hundred dollars ($100) for the second offense, and two
hundred dollars ($200) 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
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at a different location shall be considered to have committed 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 ordinances or parts of ordinances in conflict herewith
are hereby repealed to the extent of such conflict, if any.
Section Three. This ordinance shall be in full force and effect on April
1, 1993, from and after its passage and publication as required by law.
Passed this 24th day of September 1992.
Jill Ripperger, A ing City Clerk arry R. urtis
03
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