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HomeMy WebLinkAbout~Master - Relating to Electrical Contractors ORDINANCE NO. 993 AN ORDINANCE TO PROVIDE FOR THE EXAMINATION AND LICENSING OF ELECTRICAL CONTRACTORS, JOURNEYMAN ELECTRICIANS, AND MAINTENANCE ELECTRICIANS, TO PROVIDE FOR THE COLLECTION OF FEES, TO PROVIDE PENALTIES FOR THE VIOLATION THEREOF, AND TO ESTABLISH A BOARD OF ELECTRICAL EXAMINERS. Be it ordained by the City Council of the City of Ames, Iowa: Section 1. Short title: This ordinance shall be known and may be cited and referred to as the City of Ames, Iowa, Electricians' Licensing Ordinance, to the same effect as if the full title were stated. Section 2. Purpose and Scope: The purpose of this ordinance is to provide for the examination and licensing of electrical contractors, journeyman electricians, and maintenance electricians in order to protect the public from hazard to life and property that might arise from improper installation of electrical systems. The provisions of this ordinance shall not apply to any of the following: regular employees of a public or privately owned utility who do electrical work for such utility only; employees who do electrical work for a telephone or telegraph company, and persons, firms, or corporations that perform electrical work for such a company, if such electrical work is an integral part of the plant used by such telephone or telegraph company in rendering its duly authorized service to the public; and regular employees of any railroad who do electrical work only as a part of that employment. Section 3. Definitions: For use within this ordinance the following terms are defined. a. Electrical Contractor. The term "electrical contractor" means any person, firm, corporation, association, or combination thereof, engaged in the business of electrical work other than a journeyman electrician engaged in the actual installation, alteration, and repair of electrical systems, 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 of Ames, Iowa, and who holds a valid license as an electrical contractor issued by the Board of Electrical Examiners of the City of Ames, Iowa. b. Journeyman Electrician. The term "journeyman electrician" means a person who through training and experience has acquired the skill and technical 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 of Ames, Iowa. He shall have had at least three (3) years experience as an apprentice electrician. c. Maintenance Electrician. The term "maintenance electrician" means a person who through training and experience has acquired the skill and technical knowledge necessary to maintain and keep in good state of repair all existing electrical equipment within a building or plant. d. Apprentice. The term "apprentice" means a person who while learning the electricians trade, is assisting in the installation, alteration or repair of electrical work and while engaged in such work is in the presence of and under the direct supervision of a licensed journeyman electrician. e. Electrical Inspector. The term "electrical inspector" means the duly appointed representative of the City, authorized to inspect electrical work. f. Electrical Work. The term "electrical work" means all sales, rentals, leases, uses, installation, alterations, repairs, removals, renewals, replacements, connections, disconnections and maintenance of all electrical equipment. -z- g. Electrical Equipment. The term "electrical equipment" means all electrical materials, wiring, conductors, fittings, devices, appliances, fixtures, signs and apparatus or parts thereof within or on public or private buildings. h. Licensed. The term "licensed" means licensed under this ordinance unless otherwise specified. i. Shall. If the term "shall" is used, the meaning is that the act to be performed is mandatory. Section 4. Licenses Required: No person, firm, corporation, association or combination thereof shall engage in the business of installing, maintaining, altering or repairing any electrical equipment within the scope of this ordinance unless such person, firm, corporation, association or combination thereof shall have obtained from the City of Ames an Electrical Contractor's License, nor shall any Electrical Contractor employ any but licensed electrical journeyman, employed by and working under, the direction of the holder of the license for one of the classes of licenses prescribed by this ordinance, or apprentices and.helpers working under the supervision, direction and control of a licensed electrical journeyman; except that the holder of existing electrical licenses granted by the City may be issued renewals of their license without taking the examination herein provided for; and also with the exception that no license shall be required in order to execute or perform any electrical work exempted by the provisions of this ordinance. Section 5. Exceptions: No license shall be 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 re- pairing 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, dumb-waiters or escalators, not including electrical equipment for supplying current to the control panel of elevators, dumb-waiters 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 or more units of said equipment. Section 6. Classes of Licenses: Three classes of licenses shall be issued by the City of Ames, Iowa which shall be designated as: Class I - Electrical Contractor's License Class II - Electrical Journeyman's License Class III - Electrical Maintenance License Class I - Electrical Contractor's License. No person, firm, corporation, association or combination thereof shall engage in business as an electrical contractor within the City of Ames, Iowa,=unless such person firm, .corporation, association or combination thereof shall have obtained from the City of Ames, Iowa an Electrical Contractor's License. In the case of a partnership, corporation, association or combination thereof, organized to engage in the r -3- business of electricaX contracting, every partner, associate, officer, director or manager who is actually engaged as an electrical contractor as defined in Section 3, subsection a, of this ordinance shall obtain an Elec- trical Contractor's License. Such a license shall entitle the holder thereof to engage in the business of, and to secure permits for the installstion, alteration and repairs of any electrical devices, appliances or equipment, but shall not authorize the holder thereof to do the work of installation, alteration or repair without also being the holder of an Electrical Journey- man's License. Class II - Electrical Journeyman's License. Such a license shall entitle the holder thereof to perform any work of installing, maintaining, altering or repairing electrical equipment as an Electrical Journeyman under the direction of the holder of an Electrical Contractor's License by whom he is employed, Provided, however, that the Electrical Inspector, upon finding a shortage of journeyman electricians licensed under this ordinance to do electrical work required within the City, shall have the authority to issue, upon payment of a fee of $5. 00 per month, a temporary license for a period not to exceed three (3) months to any applicant in some other municipality having licensing standards similar to those of the City of Ames, Iowa. Class III - Electrical Maintenance License. Any person regularly employed by an individual, corporation, firm, association or combination thereof to supervisethe maintenance and repair of electrical equipment in a manufactur- ing, industrial or commercial establishment shall be licensed as a maintenance electrician if the Board of Electrical Examiners finds him to be qualified. Such a license shall entitle the holder thereof to undertake the work of, and secure an annual permit for maintaining and repairing electrical devices, appliances and equipment provided that the holder of such license regularly employs, as supervisor, one or more persons certified by the Board of Electrical Examiners as being qualified for such work, and provided that such work shall be confined to the premises owned or occupied by the holder of said license, the location of which shall be described in the license. Section 7. Apprentices and Helpers. Apprentices and helpers employed to assist a licensed electrician need not be licensed; provided, that such apprentices and helpers perform their work under the direct supervision of a licensed electrician. Section 8. Display of Licenses. Every holder of a license shall keep his or their license displayed in a conspicuous place in his or their place of business at all time s. Section 9. Bonds of Electrical Contractors. Before an electrical contractor's license shall be issued, the applicant shall file with the City Clerk a bond in the sum of Five Thousand Dollars ($5, 000. 00) to save the City harmless on account of any and all failures on the part of said applicant to comply in all particulars with the ordinances of the City of Ames, Iowa. Where two (2) or more persons in the same firm, corpor- ation or other associations are licensed electrical contractors, only one bond as required herein need be filed for such firm, corporation or other associations. Section 10. Installation by Owner. The owner, or owners, of a single family dwelling (or mobile home), including the usual accessory buildings and quarters used exclusively for living purposes, may do electrical work without a license if he demonstrates his capability to do the specific work for which he desires a permit to the satisfaction of the electrical inspector; provided, that the dwelling (or mobile home) will be occupied by the owner or owners and that a permit is issued as required by Article 49-6 of the City of Ames Building Code. Section 11. Board of Electrical Examiners. There is hereby created a Board of Electrical Examiners which shall consist of three (3) members, to be appointed by the Mayor with the approval of the City Council who shall be residents of the City of Ames, Iowa, at least one of whom shall be a layman, and at least one a licensed -4- electrician. Two 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. Section 12. Organization of the Board. The members of the Board shall annually select one of its members to act as chairman. The Electrical Inspector shall be Secretary of said Board and shall preserve and keep a record of all proceed- ings had before the Board, including the records and documents pertaining to exam- inations and other proceedings. Section 13. Duties of the Board. It shall be the duty of the Board of Electrical Examiners to give such examinations, either oral or written, as will thoroughly test the ability and qualification of all persons applying for any license as set forth in this ordinance, and shall have authority to establish reasonable rules for giving and grading such examinations. Said Board shall within 10 days, report in writing to the Mayor, City Clerk and Applicant, the result of all examinations, together with their recommend- ations as to the issuance or denial of all licenses. Section 14. Compensation. The members of the Board shall serve without compensation. Section 15. Terms of Office. The terms of office of the members of t$e Board shall be three years and they shall serve until their successors are appointed. The terms shall be staggered so that one vacancy exists each year. Section 16. Date of Meetings. The Board shall meet during January, April, July and October of each year, or more often if notified to do so by the Chairman of the Board, at the office of the Building Official, to examine applicants for an elec- trician's license. Section 17. Appeal. In the event any person shall feel aggrieved by any action of the Board, he may appeal from such action to the City Council by filing written notice of his appeal within ten (10) days from the date of action. The Council shall give the appealing party and the examining Board five (5) days' written notice by certified mail of the date, time and place of hearing. All interested persons shall be given an opportunity to be heard at such hearing and the City Council may affirm, modify, or overrule the action of the Board. Section 18. Application for License. Each applicant for a license, either as an electrical contractor, journeyman electrician or maintenance electrician, shall fill out and file with the Secretary of the Board an application for such license on forms furnished by the Secretary, and shall pay at the office of the City Clerk an examination fee of Ten Dollars ($10. 00) for electrical contractor's license, Fifteen Dollars ($15. 00) for journeyman electrician's license, and Fifteen Dollars ($15. 00) for maintenance electrician's license, and shall report for examination at the time and place designated by the Board. Section 19. Notification of Examination. The Secretary of the Board shall notify the applicant of the time and place where such examination 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. Section 20. Examination. The applicant shall, before taking such examination, present to the Secretary of the Board a receipt from the City Clerk, showing payment of the examination fee. The Board shall examine each applicant at the time and place set forth as to the knowledge of the rules and regulations for the installation of electrical wiring, devices, appliances and equipment as set forth in the Statutes of the State of Iowa, or the provisions of the Ordinance of the City of Ames, Iowa, and the requirements as set forth in the National Electric Code for the purpose of determining the general qualifications and fitness of each applicant for executing the class of work covered -5- by the license applied for. The Board, upon being satisfied as to the competency of the applicant for the license applied for, shall authorize the Secretary of the Board to notify the City Clerk of the names, addresses, and license to be issued to each applicant successfully passing such examination. If the applicant fails to qualify upon examination, he may be reexamined after sixty (60) days, without payment of an additional examination fee. Section 21. Issuance of License. The City Clerk, upon receipt of written notice from the Secretary of the Board of the applicants to receive licenses, shall issue such licenses and retain a record thereof in this office. The examination fee shall constitute payment of the license fee for the calendar year of issue. Section 22. Secretary to Keep Records. The Secretary of the Board shall keep a record of all meetings of the Board, the names, addresses of all persons examined and all licenses authorized to be issued by the Board. Section 23. License Fees. License fees and licenses shall not be trans- ferrable and shall expire on the 31st day of December of each year. Licenses may be renewed upon the payment of an annual license fee at the office of the City Clerk of Two Dollars ($2. 00) for electrical contractors, Two Dollars ($2. 00) for journey- man electrician and Two Dollars ($2. 00) for a maintenance electrician. Failure to renew a license before the expiration date of December 31st may subject the person to a new examination except on the recommendation of the Board. Section 24. Accounting for Fees. Examinations and license fees shall be turned over to the City Treasurer not later than the tenth (loth) day of the month following the month in which they were received, with a written report of the amounts and sources of the fees. The resulting fund shall be used to pay the costs of examin- ation, issuance of licenses and enforcement of this ordinance. Section 25. Investigation. The Board shall investigate, or cause to be investigated, the financial responsibility of any applicant for an electrical contractor's license or the firm, corporation, or association for which such applicant works if such firm, corporation, or association is liable for any faulty work of the applicant. No license shall be issued if lack of financial responsibility would seriously endanger public health, safety, or welfare. Section 26. Licenses Recognized from Other Cities. The Board may, without examination, issue a license to any electrician holding a license from another mun- icipal corporation recognized by such boards as having similar licensing standards. Section 27. Revocation or Suspension of License. In addition to the penalties provided in this ordinance, the City Council, upon the recommendation of the Board, may revoke or suspend the license of any holder of a license issued under the provisions of this ordinance if the license holder has repeatedly violated or neglected this ordinance of the City of Ames, Iowa, Electrical Ordinance, or the ''Rules for Electric Service and Meter Installation'', adopted by the City Council, Ames, Iowa, October, 1957, the holder shall surrender such license on receipt by certified mail of written notice of revocation or suspension. A person whose license has been revoked or suspended shall not be permitted to apply for another license within one year from the date of revocation or suspension. Section 28. Penalty. Any person other than a licensed electrician who shall engage in or do electrical work in the City of Ames, Iowa, without first having ob- tained a license as herein provided for, shall be guilty of a misdemeanor, and upon conviction shall be fined not more than One Hundred Dollars ($100. 00) and/or to be committed to jail not to exceed thirty (30) days. Section 29. If any section, provision, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole, or any section, provision, or part thereof not adjudged invalid or unconstitutional. -6- Section 30. All ordinances or parts of ordinances in conflict with the provision of this ordinance are hereby repealed. Section 31. This ordinance shall be in full force and effect from and after passage and publication, as provided by law. Passed this 8th day of April, 1961 M. W. Jordan, i y C e Pearle P. DeHart, Mayor April 4, 1961 Moved by Schilletter and seconded by Eschbach Ordinance No. 993 be passed on its first reading. Voting Aye: Judge, Brouhard, Eschbach, Schilletter Voting Nay: Ratterree Absent: Armstrong April 18, 1961 Moved by Schilletter and seconded by Brouhard Ordinance No. 993 be passed on its second reading. Voting Aye: Armstrong, Brouhard, Eschbach, Judge, Schilletter Voting Nay: Ratterree Absent: None Moved by Armstrong and seconded by Eschbach the rules governing the adoption of ordinances be suspended, the third reading be omitted and the ordinance be placed on its final passage. Voting Aye: Armstrong, Brouhard, Eschbach, Judge, Schilletter Voting Nay: Ratterree Absent: None Moved by Schilletter and seconded by Judge Ordinance No. 993 do now pass. Voting Aye: Armstrong, Brouhard, Eschbach, Judge, Schilletter Voting Nay: Ratterree Absent: None Mayor DeHart declared Ordinance No. 993 duly passed. I, M. W. Jordan, City Clerk of the City of Ames, Iowa, do hereby certify that the above and foregoing Ordinance No. 993 was duly and properly passed at a meeting of the City Council on the 18th day of April, 1961, and published in the Ames Daily Tribune on the 29th day of April, 1961. M. W. Jordan, C erk