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HomeMy WebLinkAboutA002 - Council Action Form dated February 27, 1996 ITEM # DATE: February 27 1996 SUBJECT: Request Approval for Changes in Chapter 7, Ames Municipal Electrical Code, regarding the Adoption of the 1996 National Electrical Code. BACKGROUND: The Electrical Code Board of Appeals has been reviewing the Ames Municipal Electrical Code since November, 1994. They have been investigating the local amendments to the 1993 National Electrical Code to see how they need to be revised to be in compliance with the 1996 NEC. The only changes that occur are those to reword or clarify sections of the administrative section of our local code. A summary of the proposed changes is attached. Two public hearings were held recently and no one presented any objection to any of the proposed changes at either hearing. All electrical contractors licensed in Ames also received a notice in writing of pending changes to our local Electrical Code. Therefore, the Electrical Code Board of Appeals asks the City Council to pass the attached ordinance with the proposed changes and ask that these changes be implemented on April 1, 1996. One aspect of the proposed ordinance is to correct an error by writing an ordinance to shorten the existing two (2) year license to a one (1) year so all terminate on the same date. Electricians have previously been advised that licenses are for one (1) year. This is technically incorrect in that curtailment doesn't occur until passage of the ordinance. Licensees were advised of the right too procedural due process for the hearing which coincides with the first passage of the ordinance. ALTERNATIVES: 1. Approve the request and pass the ordinance as written. 2. Deny the request. MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council adopt Alternative #1. COUNCIL ACTION: SUMMARY OF ELECTRICAL CODE CHANGES 7.202(1) Change from Journeyman supervising work and Master managing business to Journeyman or Master supervising work and Master managing business. REASON: To be in line with other cities for reciprocal licensing. (2) Add "It is the duty of the electrician to call for a rough-in and final inspections. Work shall be exposed and accessible for inspection." REASON: This was assumed, but not written;we were having trouble getting finals and wiring was covered with insulation during rough-in inspections. 7.303(1) Change from two (2) year license, currently, to three (3) year license to coincide with code updates as revised National Electrical Code is adopted every three (3) years. REASON: Code update classes are only available every three years. It was difficult to keep track of updates on a two year license when the class is only available on a three year cycle. The ordinance is written to allow a licensee approximately fourteen (14) months to find a suitable update class. (2)(a) Change from code update class to any electrical class approved by the Board. REASON: This gives the electricians more flexibility in preparing for their license renewal because sometimes the update classes are not very plentiful or geographically convenient. (3)(a) h n e from local test to the National Block Test and define passing grade. (75%) REASON: To become consistent with other cities that we reciprocate with. (3)(b) Change journeyman proof of experience from four (4) years to 8000 hours and require master to be a journeyman first. REASON: 8000 hours could be 3 or 3-1/2 years if they work overtime. Master required to be a journeyman to be consistent with other cities for the purpose of reciprocal licenses. NOTE: In addition to the above changes, we will be revising our fee schedule to Appendix D. An expediting fee of $25.00 will be recommended to the City Council during its annual review of the entire fee structure for the City of Ames. The expediting fee will be assessed to those persons who need a license, but can't wait for a scheduled board meeting. Many electricians from outside Ames don't keep a license locally unless they get a job here. Then they rush in at the last minute and add additional work load to city staff and the Board to get a license. This takes staff away from public service to other contractors who always carry a license in Ames. D►2'4r �3 q ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES,IOWA,BY REPEALING SUBSECTIONS 7.10l(1),7.301(1),(2),(3) and (4),7.302(1),7.401(3)(a)AND SECTIONS 7.202, 7.303,7.402,7.404 AND 7.405 AND ENACTING NEW SUBSECTIONS 7.101(l), 7.301(1), (2), (3)AND (4), 7.302(1),7.401(3)(a),(d) AND(e)AND SECTIONS 7.202,7.303,7.402,7.404 AND 7.405; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY;AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED,by the City Council for the City of Ames,Iowa,that: Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by repealing Subsection 7.101(1)and enacting a new Subsection 7.101(1)to read as follows: "(1) The 1996 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. (Ord.No.206,Sec.2,1-16-79,Ord No.3195,Sec. 1, 9-24-92;Ord.No. 3253,Sec. 1, 1-11- 94)" Section Two. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by repealing Section 7.202 and enacting a new Section 7.202 to read as follows: "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 or master electrician at all times. Only those journeymen or master electricians listed on the registration of an electrical contractor are permitted to supervise work done for that contractor. (2) Inspections Generally. Electrical installations or work,for which a permit is required by this code shall be subject to inspection by the Building Official, Electrical Inspector, or other designee. Such installations or work shall be kept accessible and exposed for inspection purposes until it has passed inspection. It shall be the duty of the permit holder to keep the electrical installation or work in such exposed and accessible condition for inspection purposes. Neither the inspector nor the jurisdiction shall be liable for expenses entailed in the removal or replacement of any material required to permit inspection. It shall be the duty of the person doing the electrical installation or work authorized by a permit to notify the Building Official that such work is ready for inspection. Inspections shall be called for and done when the electrical installation or work has been roughed in and again when the installation or work is complete. The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone. (3) 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 per- mit;and if such permit is revoked,it will be unlawful for any person to proceed further with said work without approval of the inspector. (4) Right to inspect. The inspector or authorized representative 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. I (5) 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. (6) Reinspection. 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. (7) Notice of final inspection. Upon the satisfactory completion and final test of the electrical system a notice of final inspection and a record of such final inspection will be retained in the Inspection Division. (Ord.No. 3195, Sec. 1, 9-24-92)" Section Four. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by repealing Subsections 7.301(1),(2),(3)and(4)and enacting new Subsections 7.301(1),(2),(3)and(4)to read as follows: "(1) Apprentice Electrician. An apprentice is a natural person employed by 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 or master electrician. (2) Journeyman Electrician. A journeyman electrician is a natural 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. (3) Master Electrician. A master electrician is a natural 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. (Ord.No. 993, Sec. 23,4-18-61; Ord.No. 3195, Sec. 1, 9-24-92)" Section Five. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by repealing Subsection 7.302(1)and enacting a new Subsection 7.302(l)to read as follows: ,,G) Conditions for Registration. Registration as an electrical contractor shall enable the registrant to offer its services for hire provided that the registrant is or employs a person who holds a valid master electrician's license recognized by the City of Ames. Such master electricians shall work for only one electrical contractor. In the event that the business relationship between the contractor and master electrician terminates, said contractor's registration shall become null and void thirty days after termination." Section Six. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by repealing Section 7.303 and enacting a new Section 7.303 to read as follows: 2 "Sec.7.303. ELECTRICIANS'LICENSES (1) Expiration/Renewal of Licenses; Transferability. Licenses are not transferable. All licenses issued prior to January 1, 1997,shall expire the 31st day of December, 1996. Beginning January 1, 1997, licenses issued shall be valid for no more than 3 years with a single common expiration date,such that licenses issued on or after January 1, 1997,shall all expire on the 3lst day of December, 1999,with similar 3 year licensing intervals thereafter. (2) Application for License. (a) Examination Required. Each applicant for a license either as a journeyman or master electrician shall provide a completed application for such license and shall pay an administration fee to the City Clerk. Each applicant shall take a standardized test approved by the Board of Electrical Examiners and Appeals to test their qualifications and competence for the license applied for. The Board may furnish information to the applicant of the dates and locations at which the approved standardized tests will be offered,but it is the responsibility of the applicant to register properly for and take the test. The Board may require the applicant to furnish documentation of the score achieved on the standardized test. A score of 75 percent or above on the standardized test shall be required to pass. (b) Prerequisites for Licenses. Prior to testing,applicant for a journeyman's license shall famish proof of 8,000 hours of apprenticeship to a licensed journeyman electrician and an applicant for a master electrician's license shall furnish proof of two years experience as a journeyman electrician with a minimum of one year's experience of the two in a supervisory capacity, or equal,as determined by the Board of Electrical Examiners and Appeals. (c) Board Action. Should the accuracy of the application or qualifications of the applicant be questioned,the Board of Electrical Examiners and Appeals shall render its judgment in the matter. Applications will remain on file for six months. If the exam is not taken in six months, a new application will be needed. A fee will be set for city administration costs. Test fee(charged by the testing agency)and license fee will be additional. (Ord.No.3220, Sec. 4, 3-23-93) (3) Expediting Fee. A expediting fee shall be assessed to any applicant seeking approval of an application except at a regularly scheduled Board of Electrical Examiners and Appeals meeting. (4) Authorization of Issuance of License. When the Board is satisfied that the applicant meets all of the licensing qualifications and has paid all fees,it shall authorize the inspector to notify the City Clerk of the name,address and type of license to be issued to the applicant. (5) 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. (6) Renewal;Fees. Licenses may be renewed prior to their expiration by payment to the City Clerk of a renewal fee set by the City Council to cover administrative costs,and by presentation of a certificate documenting the Licensee's completion of an approved continuing education course. (a) An approved continuing education course shall be an 8-hour course covering the most current National Electrical Code. In lieu of that course,the Board may approve an alternative 8-hour course of continuing education covering a different subject or subjects. Prior to attending any continuing education course,the Licensee shall apply to the Board of Electrical Examiners and Appeals for prior approval of the course to receive continuing education credit. The Licensee shall submit a copy of the course outline or any other information requested by the Board to make its evaluation. (b) Any license not renewed prior to December 31 of the expiring year shall not be renewed without reapplication. (7) 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. 3 (8) 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. (9) License Suspension. The 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 penal- ties,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. (10) License Revocation. The Board 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. (11) 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 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 electrical work in the city as long as the suspension or revocation is in effect. (Ord.No.3220,Sec. 5,3-23-93) (Ord No. 993, Sec. 20-28, 4-18-61;Ord.No. 2360,Sections 1, 1, 12-15-70; Ord.No. 3042,Sec. 1, 3-28-89;Ord.No.3138,Sew 1, 7-23-91;Ord.No. 3203,Sec. 2, 12-8-92;Ord.No. 3195,Sec. 1, 9-24- 92)" Section Seven. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by repealing Subsections 7.401(3)(a)and enacting new Subsections 7.401(3)(a),(d)and(e)to read as follows: "See.7A01. ELECTRICAL BOARD CREATED; MEMBERSHIP, APPOINTMENT; QUORUM;AUTHORITY (3) (a) 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. (3) (d) Adopt a test or tests to be used for licensing and approve courses of continuing education. (e) Review and recommend to the City Council changes to local code to keep it current with the next recently published National Electrical Code." Section Eight. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by repealing Section 7.402 and enacting a new Section 7.402 to read as follows: 4 "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 electrical licenses or other business. 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. (Ord. No. 993, Sec. 16, 4-18-61;Ord.No. 3195, Sec. 1, 9-24-92)" Section Nine. The Municipal Code of the City of Ames,Iowa,shall be and the same is hereby amended by repealing Section 7.404 and enacting a new Section 7.404 to read as follows: "Sec.7.404. TERM OF OFFICE OF BOARD. The term of office of the members of the Electrical Board shall be three years,except that for the three appointees taking office on April 1, 1996,the members shall be appointed to a one years, a two years, and a three year term respectively,determined by lot, so that the expiration dates of the Board members'terms thereafter be staggered. The terms shall begin on April 1 of the year of appointment. No member shall serve more than two consecutive terms. Section Ten. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by repealing Section 7.405 and enacting a new Section 7.405 to read as follows: "Sec.7.405. OFFICERS OF BOARD. The Board of Electrical Examiners and Appeals 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. (Ord.No. 993,Sec. 12,4-18-61;Ord.No:3195,Sec. 1, 9-24-92)" Section Eleven. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out in Section 1.9 of the Municipal Code. Section Twelve. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict,if any. Section Thirteen. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of 1996. Sandra L.Ryan,City Clerk Larry R.Curtis,Mayor 0370 5