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HomeMy WebLinkAboutOrdinance 11540ORDINANCE NO. AN ORDINANCE AMENDING THE ELECTRICAL CODE OF THE CITY OF FORT WORTH, CODIFIED AS CHAPTER 11 OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY AMENDING CHAPTERS 8, 9 AND 10 OF "PART II - ELECTRICAL BOARD AND LICENSING", TO DELETE ALL REFERENCE TO THE TARRANT COUNTY ELECTRICAL EXAMINING BOARD AND ALL REFERENCE THAT BOARD'S AUTHORITY AS AN EXAMINING AGENCY FOR ELECTRICAL LICENSING IN THE CITY OF FORT WORTH; BY DELETING FROM CHAPTERS 8, 9 AND 10 THEREOF ALL REFERENCES TO REQUIREMENTS THAT APPLICANTS FOR ELECTRICAL LICENSES ISSUED BY THE CITY OF FORT WORTH MUST TAKE AN EXAMINATION GIVEN BY THE TARRANT COUNTY ELECTRICAL EXAMINING BOARD; BY DELETING FROM CHAPTER 8, 9 AND 10 THE AUTHORIZATION GIVEN TO THE CITY' S CHIEF ELECTRICAL INSPECTOR AS CUSTODIAN OF THE RECORDS OF THE TP,RRANT COUNTY ELECTRICAL EXAMINING BOARD; BY DELETING THE SPECIFICATIONS OF CONTENT TO BE INCLUDED IN THE EXAMINATIONS FOR EACH GRADE OF LICENSE; BY PROVIDING THAT THE CITY COUNCIL MAY AUTHORIZE THE CITY MANAGER TO CONTRACT WITH AN EXAMINING AGENCY TO PERFORM EXAMINATION SERVICES AS THE CITY'S OFFICIALLY DESIGNATED EXAMINING. AGENCY; BY PROVIDING THAT IN THE ALTERNATIVE, THE CITY COUNCIL MAY AUTHORIZE THE CITY MANAGER TO CONTRACT WITH OTHER CITIES IN THE NORTH TEXAS REGION TO RETAIN THE SERVICES OF AN EXAMINING AGENCY TO PERFORM EXAMINATIONS AS THE CITY'S OFFICIALLY DESIGNATED EXAMINING AGENCY; BY PROVIDING THAT THE BUILDING OFFICIAL SHALL BE AUTHORIZED TO APPROVE OTHER EXAMINING AGENCIES WHOSE CERTIFICATES OF EXAMINATION SHALL BE ACCEPTED BY THE CITY IN LIEU OF THE CERTIFICATE OF EXAMINATION ISSUED BY THE CITY'S OFFICIALLY DESIGNATED EXAMINING AGENCY, SUCH AGENCIES TO BE DESIGNATED AS ALTERNATE EXAMINING AGENCIES; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE FOR THE VIOLATION THEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the Electrical Code of the City of Fort Worth, codified as Chapter 11 of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby amended by amending Chapters 8, 9 and 10 of "Part II - Electrical Board and Licensing", and following said, amendment, Chapters 8, 9 and 10 of "Part II - Electrical Board and Licensing", shall read as follows, to wit: PART II-ELECTRICAL BOARD AND LICENSING Chapter 8-Electrical Board Section 801. Creation. There is hereby created an electrical board composed of nine (9) members, appointed by the city manager, by and with the advice and consent of the city council, as follows: Place 1. One master electrician who is engaged in the business of installation of electrical equipment in the city, and is licensed by the city. This place shall be nominated by the National Electrical Contractor's Association. Place 2. One master electrician who is engaged in the business of installation of electrical equipment in the city. This place shall be nominated by the Associated Independent Electrical Contractors of America. Place 3. One electrical engineer registered in the State of Texas who is not employed by the City of Fort Worth. This place is nominated by The Institute of Electrical and Electronics Engineers. Place 4. One electrical contractor who is engaged in the business of installation of electrical equipment within the city and who is a master electrician licensed by the city. This place is nominated by independent electrical contractors who are not associated with the National Electrical Contractors Association or the Independent Electrical Contractors Association. Place 5. One sign contractor who is engaged in the business of installing electric signs within the city and who is a licensed master sign electrician as defined by this ordinance. This place is nominated by the Sign Association. Place 6. One licensed journeyman electrician who is licensed to engage in the electrical trade in the City of Fort Worth, and who is actively engaged with the tools of the trade as a journeyman electrician in the trade within the city. Place 7. One licensed journeyman electrician who is licensed to engage in the electrical trade in the City of Fort Worth, and who is actively engaged with the tools of the trade as a journeyman electrician in the trade within the city. -2- Place 8 and 9. Two (2) residents of the City of Fort Worth above the age of twenty-five (25) years who are not engaged in any branch of the construction industry. Section 802. Five (5) members of the electrical board present at any meeting shall constitute a quorum for the transaction of any business or the carrying out of any duties, but any action taken at any meeting shall require the affirmative vote of at least five (5) members. The chairman of any meeting of the board shall vote. The chief electrical inspector shall not vote when the board is reviewing appeals to the technical provisions of the code but may vote on those matters relating to licensing and during the formulation process of codes. Section 803.. Tenure. The members shall hold office for a term of two (2) years unless relieved for cause prior to that time. Members in even-numbered places shall be appointed in even-numbered years. Members in odd-numbered places shall be appointed in odd- numbered years. No member shall serve more than three (3) consecutive two-year terms, and the terms of current members of the electrical board of the City of Fort Worth shall be counted toward the limit of terms to be served for purposes of this ordinance. The members shall serve until their successors are appointed. Alternate members may be appointed to act in the absence of one or more regular members. Section 804. Disqualification. Employment of the journeyman electrician member of the board by either of the master electrician members or the master sign electrician member of the board for as long as two (2) consecutive months shall automatically disqualify the journeyman electrician from further membership on the board, and a successor shall be appointed forthwith to serve the remainder of the term of such disqualified member. Section 805. Board Secretary. The chief electrical inspector shall be the secretary of the electrical board of the City of Fort Worth, and shall be the custodian of the board's records, including the official minutes of all meetings of the board of appeals. As board secretary, he shall maintain a record of the names of each applicant for electrical licensing in the City of Fort Worth, together with the number, date and result of the examinations taken by each applicant. Such examination records shall be kept permanently in the license/registration section of the Department of Development of the City of Fort Worth. The electrical board of the City of Fort Worth shall certify the applicant's grade as passed or failed and record the certification in the minutes of the electrical board's meeting on the scheduled first Wednesday of the month following the date of the applicant's examination. Section 806. Absence Disqualification. When a member is absent from three (3) successive meetings of the board or misses -3- i~- twenty-five (25) percent or more of the meetings of the board in a twelve-month period, the secretary of the board shall report this fact to the city secretary in writing within ten (10) days of the third missed meeting. Thereafter, such member shall be subject to removal by the city council as provided in section 2-82 of the City Code. Section 807. Board Rules. The electrical board shall have the power to make and promulgate its own rules governing its meetings and proceedings, including selection of a chairman, subject to the provisions of this code, the Charter of the City of Fort Worth, and all applicable state and federal laws. CHAPTER 9 - TESTING PROCEDURE Section 901. Application. A person wishing to obtain a license for one of the grades of electrical licenses issued by the City of Fort Worth shall file a written application with the City's officially designated examining agency. Such application shall be completed and filed in accordance with the procedures prescribed by the examining agency. Section 902. Responsibilities of the Examining Agency. Examination fees, dates, times and places of the examinations, procedures for administering the examinations, grading of the examinations, examination security and examination site security, examination content, notification of examination results, repeat examinations, and appeal of examination scores, shall be sole responsibility of the agency administering the examination. CHAPTER 10 - LICENSING section 1001. Licensing Requirements. Every person desiring to be licensed by the City of Fort Worth to engage in the electrical business in a capacity for which a license is required by this code shall: (a) Pass an examination given by the City's officially designated examining agency for the grade of license sought; or (b) Be the holder of a valid electrician license issued by another city, hereafter referred to as a reciprocal license, which license has been valid for one year and is of a grade equal to that for which the applicant is applying; provided, however, that applicants who obtained their license in another city as a result of having passed an examination given by the City's officially designated testing agency are exempt from the one-year requirement; or (c) Be the holder of a certificate of examination which states that the applicant has passed an examination qualifying applicant for the grade of license for which applicant is applying -4- ~_. and which certificate was issued to applicant by an alternate examining agency approved by the City in the manner prescribed herein. (d) Provide proof of insurance. Each master electrician and master sign electrician shall furnish to the electrical board of the City of Fort Worth a certificate of insurance as evidence of the insurance required. The certificate of insurance shall clearly state the master and/or master sign electrician's individual name and license number along with name of the business and address. The holder of the certificate shall be: CITY OF FORT WORTH, Department of Development, Electrical Section, 1000 Throckmorton Street, Fort Worth, Texas 76102. The insurance policy shall have coverage in the amounts of not less than $300, 000.00 per occurrence for bodily injury, including death, and not less than $100,000.00 per occurrence for property damage. (1) Such insurance policy shall provide that it cannot be canceled or amended without at least thirty (30) days written notice to the City of Fort Worth. (2) A master electrician or master sign electrician employed by the City of Fort Worth shall be exempt from the insurance requirement. (e) Provide notarized letters or W-2 forms demonstrating proof of previous employment experience. (f) Make full payment of applicable licensing fee. (g) Comply with all other licensing requirements prescribed herein. Section 1002. Issuance of Licenses. Upon fulfilling these and all other requirements of the City of Fort Worth, and after the City's electrical board determines all requirements are met in accordance with this code, the applicant will be issued a license which has been signed by the Chief Electrical Inspector. Section 1003. Grades of Licenses. There shall be the following grades of licenses: master, master sign, journeyman, journeyman sign, maintenance and residential wireman electrical, journeyman sign, maintenance and residential wireman electricians. Section 1004. Reciprocal Licensing. Either the holder of a valid electrician license or certificate of registration issued by another city which has a reciprocal licensing agreement with the City of Fort Worth, or the holder of a certificate of examination issued by an alternate examining agency approved by the City of Fort Worth, may apply for the grade of license comparable to that which the applicant holds or has qualified for elsewhere, without taking the written examination given by the City's officially -5- designated examining agency. Such application shall be submitted to the secretary of the electrical board no later than five (5) working days prior to the meeting of the electrical board at which the application will be considered. Such application shall be accompanied by the following evidence: (a) That the applicant holds either a valid electrician license or certificate of registration issued by another city which is of a grade equal to that license for which the applicant is applying, or a certificate of examination issued by an alternate examining agency approved by the City of Fort Worth in the manner prescribed herein and which qualifies applicant for the grade of license for which applicant is applying; (b) That such certificate of examination, electrician license or certificate of registration was issued to the applicant by such examining agency or other city after the applicant had taken and passed a written examination administered to applicant by such agency or city; and (c) That the examination and the applicant's passing performance thereon are equal to those required by the provisions of this code; and that the other city from which the applicant holds a license or certificate of registration has entered into a reciprocal agreement with the City of Fort Worth which allows the holder of an electrician license issued under the provisions of this code to receive equivalent licenses from such city on a reciprocal basis and without written examination. Upon receipt of such information, the electrical board of the City of Fort Worth shall certify to the chief electrical inspector that the applicant is qualified for the grade of license for which he is applying. Upon such certification and payment of the prescribed license fee by the applicant, a license shall be issued to the applicant of the grade for which he is certified. A license issued under the provisions of this section shall be the equivalent of a license of the same grade which is issued under the provisions of this code. The reciprocal applicant shall submit the following: 1. An electrician application. 2. Reciprocal letter or agreement from the city where the examination was passed. 3. Copy of license card showing expiration date and valid picture ID (driver's license). 4. The licensing fee as prescribed in Section 1008 hereof . -6- In addition, reciprocal master or master sign electricians also shall present a certificate of insurance per Section 1001(d) requirements; .and a certificate of occupancy for his or her business address. Section 1005. Approval of Examining Agencies. (a) Officially Designated Examining Agency. The City Council may authorize the City Manager to contract with an examination agency to perform examination services for the licensing of electricians; or the City Council may authorize the City Manager to contract with other cities in the North Texas Region in the form of an Interlocal Cooperation. Agreement allowing the cities as a unit to contract for the services of an examining agency. The selected agency shall be the City's officially designated examining agency and shall perform all examination services requested by the City when issuing electrical licenses. (b) Alternate Examining Agencies. The Building Official shall be authorized to approve those examining agencies whose certificates of examination will be accepted by the City in lieu of the certificate of examination issued by the City's officially designated examining agency. Such agencies shall be known as alternate examining agencies. It shall be the responsibility of the electrical board of the City of Fort Worth to review the qualifications and testing standards of such agencies, and to submit its recommendation to the Building Official; provided, however, that such recommendation shall be advisory only, and the final decision as to approval of an alternate examining agency and the acceptance of its certificates of examination shall be vested solely in the Building Official. The Building Official shall not approve an examining agency which does not maintain examination standards at least equal to those required by this code. Section 1006. Required Qualifications and Experience. To be qualified, an applicant for a license shall have passed the required examination administered by the City's officially designated examining agency, or hold a certificate of examination from an approved alternate examining agency, or hold a license or certificate of registration from another city, and have the following minimum qualifications and experience to qualify for the following licenses: (a) Master electrician license. (1) Shall have had at least four (4) years experience as a journeyman electrician in the construction industry; or, .shall be a graduate of a recognized bureau of apprenticeship and training (a division of the U.S. Department of Labor) electrical trade school with a four (4) year curriculum and have had -7- at least two (2) years experience as a journeyman electrician. (2 ) Shall have graduated after majoring in electrical engineering from an accredited college or university which has not ,less than a four (4) year curriculum and shall have had at least one year of practical electrical experience. The license shall be valid to only one electric company which may be issued permits under the provisions of this Code. This electric company must be registered with the chief electrical inspector. A fee of fifty dollars ($50.00) per change of business or company name must be paid to the City.. Upon acquiring a master electrician license, a copy of this code shall be obtained. (b) Journeyman electrician license. Shall have had at least four (4) years experience in the electrical construction industry, or shall be a graduate of a recognized bureau of apprenticeship and training electrical trade school with a four-year curriculum. (c) Maintenance electrician license. Shall have four (4) years experience in maintaining and repairing electrical apparatus which is already installed. A maintenance electrician is not allowed to do installations. EXCEPTION: A maintenance training license may be issued by the chief electrical inspector with notarized proof of two (2) years experience. (d) Master sign electrician license. Shall have had at least three (3) years experience as a journeyman sign electrician in the installation and/or manufacturing of electrical signs, exclusive of experience devoted to nonelectrical components; or in lieu of such experience shall have graduated after majoring in electrical engineering. from an accredited college or university which has not less than a four-year curriculum and shall have had at least eighteen (18) months experience of practical electrical sign experience. Upon acquiring a master sign electrician license a copy of this code shall be obtained. (e) Journeyman sign electrician license. Shall have at least three (3) years experience in the installation of electrical sign or outline lighting equipment, exclusive of experience devoted to nonelectrical components such as enclosures; or in lieu of such experience shall have had two (2) years college credit majoring in electrical engineering as an electrical engineering major; and -8- shall have had at least eighteen (18) months experience of practical electrical sign experience. (f) Residential wiremen electrician license. Shall have at least two (2) years experience in the installation of electrical equipment in one and two family dwellings. The residential wireman electrician licenses restricts the holder of such licenses to do electrical work in one and two family dwellings only. Electrical contractors working electricians with a residential wireman electrician license must work such electricians in one and two family dwelling sites only. Electrical contractors working electricians in other types of construction will be subject to a citation as well as the electricians. (g) Dual qualification, dual licensing. Neither this section nor this chapter shall be construed to prohibit: (1) The licensing of a master electrician as a master sign electrician, provided such master electrician has duly qualified as a master sign electrician; (2) The licensing of a master electrician as a master electrician, provided such master sign electrician has duly qualified as a master electrician; (3) The licensing of a journeyman electrician as a journeyman sign electrician, provided such journeyman electrician has duly qualified as a journeyman sign electrician; (4) The licensing of a journeyman sign electrician as a journeyman electrician, provided such journeyman sign electrician has duly qualified as a journeyman electrician; and (5) Any other licensing combination, provided that the licensing prerequisites for the issuance of each such license are duly met. Section 1007. Work Permitted. Only the following licenses shall be permitted to do the work specified below: (a) A master electrician may contract for and engage in the business of installing, repairing or replacing electrical wiring or equipment of any nature on or in buildings or structures other than signs. The master electrician may install, repair or replace the primary wiring on signs and may employ and supervise journeyman electricians, helpers and apprentice electricians. (b) A journeyman electrician shall be able to perform any type of electrical work under the supervision of a master -9- electrician, or to perform any type of sign work as outlined by the ordinances of the city and under the supervision of a master sign electrician, but in no case shall a journeyman electrician contract for or engage in the business of electrical work of any nature, nor shall he perform electrical work of any nature, except under the supervision of either a master electrician or a master sign electrician. A journeyman electrician shall be able to lay out work for and to supervise helper or apprentice electricians, but he shall not be able to employ same. NOTE: A journeyman electrician is also a residential wireman electrician. A journeyman electrician is eligible to take the maintenance electrician examination. (c) A master sign electrician shall be able to contract for and engage in the business of manufacturing electrical signs, luminous gas or electric discharge signs and luminous gas or electric discharge outline lighting from the secondary wiring power source or transformer in the sign and to employ and supervise journeyman sign electricians in the performance of such work on such signs and/or outline lighting. (d) A journeyman sign electrician shall be able to perform any type of sign and/or outline lighting work of a master sign electrician, provided that such work must be performed under the supervision of a licensed master sign electrician. (e) A helper or apprentice electrician may perform electrical work only when the work is laid out for him and supervised by a master electrician, a master sign electrician, a journeyman electrician, a journeyman sign electrician, maintenance electrician, or a residential wireman electrician. The supervising master electrician, master sign electrician, journeyman electrician, journeyman sign electrician or holder of a temporary working permit shall be on the job site. (f) Maintenance training license, see Section 1018(f). Section 1008. Licensing Fees. The following shall be required annual licensing fees: (a) The first annual licensing fee shall be paid at the time the license is issued: Master electrician license . $100.00 Master sign electrician license 100.00 Journeyman electrician license 10.00 Journeyman sign electrician license 10.00 Maintenance electrician license 10.00 Residential wireman electrician license 10.00 -10- (b) The annual licensing renewal fee shall be payable in full on the first day of January of each year and shall be in the amounts specified in Section 1008(a) hereof. (c) Journeyman electricians, maintenance electricians, journeyman sign electrician, residential wireman electrician or holders of temporary working permit who are not the holders of a valid master electrician license or valid master sign electrician license shall carry their journeyman, journeyman sign maintenance, or residential wireman electrician license or temporary working permit on their person at all times while performing electrical work, and they shall produce and present such license or permit immediately upon request by any electrical inspector. (d) Each holder of a license of any grade shall furnish the chief electrical inspector, in writing within thirty (30) days, notice of any changes in their business address or home address and/or mailing address and phone numbers, and each holder of a master electrician license or master sign electrician license shall furnish the chief electrical inspector with a written notice of the address and telephone number of his regularly established place of business and, if actively engaged in the electrical contracting business or electrical sign contracting business. Section 1009. Expiration of License. Any license issued under the terms of this code shall expire January 1 of each year. Section 1010. Failure to Renew. The holder of a master or master sign license who fails to pay the annual renewal fee due for such license within thirty (30) days of the expiration date shall be required to pay a renewal fee for such license in the same amount as the fee for the first full year, plus one half. Section 1011. Forfeit of License. The holder of a license of any grade who fails to pay the renewal fee due for such license within one year after the date such fee becomes due shall forfeit such license, and the same shall be void from and after the expiration of such one-year period. EXCEPTION: Journeyman,journeyman sign, maintenance, and residential wireman electrician licenses may be renewed by approval of the chief electrical inspector with a charge of ten dollar ($10.00) per year plus ten dollars ($10.00) penalty fee per year. Exception applies to licenses renewing after January 31st. -11- Section 1012. Revocation of License. (a) If, after a permit is issued to a named licensee under the provisions hereof, said licensee abandons the job, becomes incapacitated or his services are terminated prior to final inspection and approval by the building official or chief electrical inspector, the permit holder or the person engaging the services of the licensee shall immediately notify the building official in writing. Upon such notification., the building official or chief electrical inspector shall immediately have an inspection made of the work completed to that time, and he may revoke the outstanding permit and require that a new permit be obtained before the work is allowed to resume. (b) A license or permit may be suspended, repealed or revoked by the building official or chief electrical inspector by reason of the occurrence of one or more of the following: 1. Adjudication of insanity; 2. Fraud or misrepresentation in obtaining a license or permit; 3. Violation of a provision of this ordinance, the plumbing, mechanical, or building codes or any other regulating ordinances of the city applicable to the installation or alteration of appliances, equipment or systems as set forth in this chapter; 4. Conviction of defrauding a person for whom he has rendered or contracted to render service; 5. Failure to obtain a permit or the attempted assignment of a permit; 6. The voluntary or involuntary filing of bankruptcy proceedings by or against the firm, partnership, association, or corporation; or 7. The sending of six (6) notifications within a six- month period that the licensee is in violation of this chapter. Section 1013. Suspension of License. (a) Upon suspension or revocation of said master electricians or master sign electricians license, same shall be null and void and no work thereafter may be performed. (b) Upon appeal to the electrical board of the City of Fort Worth, said electrical board of the City of Fort Worth may affirm, revise, or modify such suspension or revocation. -12- Section 1014. General Provisions (a) All persons who are currently licensed shall be licensed under this code, and such licenses shall expire at the expiration date set out on such licenses unless renewed as provided in this code. (b) No license shall be issued under the terms of this code to any other than a natural person. (c) No license in effect, issued, or renewed under the terms of this code shall ever be transferred to or used by any other person other than the one to whom or to which the same is issued, nor shall a holder of a license allow his name or license to be used by any other person to obtain a permit or to perform work under such license. (d) Journeyman electricians or holders of temporary working permits shall carry their journeyman electrician license or temporary working permits on their persons at all time while performing electrical work, and they shall produce and present such license or permits immediately upon request by any electrical inspector. (e) Each holder of a license of any grade or of a temporary working permit shall furnish the chief electrical inspector with a written notice of his permanent address, and each holder of master electrician license shall furnish the chief electrical inspector with a written notice of the address and telephone number of his regularly established place of business, and if actively engaged in the electrical contracting business, a list of journeyman electricians and other electrical workers employed by him. (f) Each licensed master electrician and master sign electrician shall have his company name and his electrician license number as follows: E , or approved Universal Number, permanently affixed on each front door of each truck or vehicle which said electrician operates in connection with the installation, alteration or repair of electrical wiring, equipment or signs within. the city, in letters and numerals of at least two and one-half (2i) inches in height. Such name and number shall be the same for all vehicles so operated by any one licensed master electrician or any one licensed master sign electrician. Such name and number shall not be of the magnetic type. (g) This code shall not be construed to affect the responsibility or liability of any party owning, operating, controlling or installing any electrical equipment for damages to persons or property caused by any defect in such equipment or in the installment thereof, nor shall either any electrical inspector or the city, assume any liability by reason of the inspection or reinspection authorized in this chapter or by the failure to -13- inspect, or by reason of the certificates of conformance or nonconformance or by reason of the approval or disapproval of any equipment authorized in this chapter or by the issuance of any permits or licenses. (h) The regulations provided in this code are hereby declared to be governmental and for the benefit of the general public. Any members of the city council, any city official or employee or any member of the electrical board of the City of Fort Worth charged with the enforcement of this chapter acting for the city in the discharge of his duty, shall not thereby render himself personally liable and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as the result of an act required or permitted in the discharge of his duties. Any suit brought against such official or employee because of such act performed by him in the enforcement of any provision of this chapter shall be defended by the Department of Law until the final adjudication of the proceedings. (i) Agencies of any federal, state or local government shall be exempt from the payment of licensing fees in cases where the electrician performing the work is an employee of such agency and the work is to be performed on premises owned or controlled by such agency. The exemption shall not void the requirements of the 1990 National Electrical Code or this chapter. Section 1015. Maintenance Electrician Licenses. Personnel regularly or permanently employed by any person and who perform work in the confines of the building, in or on the premise, or outside electrical services or maintenance as a service business doing "electrical maintenance work", as defined in Section 1016, shall be known as "maintenance electricians". Provided, however, service companies doing only "electrical maintenance" in buildings shall have a master electrician. NOTE: A maintenance electricians license shall not permit the holder of such license to enter into business and do maintenance in dwelling units, buildings, structures, etc. This requires a master electricians license. Section 1016. Electrical Maintenance Rork. Electrical maintenance work shall mean the keeping in safe repair of any and all electrical installations, apparatus, equipment and appliances and the keeping in safe repair of electrical equipment within a building or in or on the premises where the maintenance electrician, as defined in Section 1015 above, is regularly employed on a permanent basis, for which work a permit is not required under the terms and provisions of this code, but does not include installation of new and additional electrical work, electrical equipment, electrical apparatus or appliances. -14- Section 1017. Work Requirements. (a) It shall be unlawful for any person to do electrical work, as defined in Section 1016 above, within the City of Fort Worth, unless such person is a maintenance electrician, licensed under the provisions of this chapter, provided, however, that this Chapter shall not prohibit a journeyman electrician from working such electrical maintenance work under the supervision, direction, and control of a maintenance electrician, licensed under the provisions of the chapter, without said journeyman electrician having to obtain a license as a maintenance electrician; provided, further, that should the holder of a journeyman electrician license at any time bring himself within the definition of a maintenance electrician by becoming employed on a permanent basis and in general as provided for in Section 1015, such journeyman electrician shall be required to obtain a license as a maintenance electrician, in addition to his journeyman electrician license. (b) Nothing in this chapter shall be construed to limit the right of a master electrician to perform such electrical maintenance work, or to limit such work being performed by a journeyman electrician under the supervision, direction, or control of a master electrician, or to prohibit a helper and/or apprentice from working under the direct personal and constant supervision of a maintenance electrician. (c) Nothing in this chapter shall be construed to limit the right of a licensed mechanical contractor to perform such electrical maintenance work or to limit work being performed by an employee of the mechanical contractor, provided that the mechanical contractor and the employees of the mechanical contractor are licensed maintenance electricians. (d) Nothing in this chapter shall be construed to limit the right of a homeowner from performing maintenance work on his residence or limit the maintenance of heating, ventilating, air conditioning and refrigeration equipment by a service contractor, provided such service contractor holds a valid maintenance electrician license and performs such work only within the heating, ventilation, air conditioning, and refrigeration equipment. (e) Nothing in this chapter shall be construed to prevent maintenance of specialized equipment by a manufacturer of the equipment, provided those persons that perform such maintenance work hold a valid maintenance electrician licenses. Section 1018. Application for Maintenance Electrician License. (a) An application for a maintenance electrician license shall be made in writing, stating the name and address of the -15- applicant and stating the active and practical experience of the applicant. (b) Those applying for such licenses shall be given a written examination as to their qualifications only to perform maintenance work as defined in Section 1016. (c) The electrical board of the City of Fort Worth shall grant and issue licenses applied for to each applicant who shall make a grade of seventy (70) percent or better on the examination given him; provided, that in no case shall a license be granted until after payment by the applicant of the fee provided in this section. (d) Every holder of a maintenance electrician license shall notify the secretary of the electrical board of the City of Fort Worth immediately when such holder makes any change in his employment, giving in such notice the name and address of his new employer or the location where he is to be employed to perform maintenance electrical work. (e) Every holder of such maintenance electrician license shall carry his license on his person while performing the acts which such license entitles him to perform. (f) Each applicant shall have four (4) years experience in the electrical maintenance industry to qualify to take the maintenance electrician examination. A certificate from an approved two (2) years service maintenance training school may be deemed the equivalent of two (2) years of experience. Written documentary information as to proof of experience and education shall be required. EXCEPTION: With approval of the chief electrical inspector of the City of Fort Worth, a maintenance electrician training license may be issued to training school graduates for the additional two (2) years experience required. This training license will allow a person who is employed by another maintenance electrician with a valid license to do maintenance in the field of his training. The licensed maintenance electrician will be responsible for the trainee's work. (g) Each applicant for the maintenance electrician examination shall pay a prescribed examination fee to the City's officially designated examining agency. Section 1019. Licensed Personnel. A person performing electrician work without being a licensed electrician as required by this chapter commits an offense punishable by a fine of not more than two thousand dollars ($2,000.00). A master electrician or -16- other person(s) who employees any person(s) to perform electrical work without being a licensed electrician as required by this chapter commits an offense punishable by a fine of not more than two thousand dollars ($2,000.00). SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 4. It shall be unlawful for any person to install, alter or repair any electrical equipment in the City or cause the same to be done contrary to or in violation of any the provisions of this Code. Any person, firm or corporation who violates, disobeys, -17- omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Code shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No. 10671, as amended, or any other ordinances affecting electricity which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the court. Electrical permits heretofore issued under existing ordinances shall be valid for the time being for which they are issued under the existing Electrical Code, but upon expiration thereof the same shall be void. SECTION 6. This ordinance constitutes a digest and revision of the Electrical Code of the City of Fort Worth, as provided in Section 2, Chapter XXV, and Section 9, Chapter XXVII, of the Charter of the City of Fort Worth. The City Secretary of the City of Fort Worth, Texas, is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative -18- provisions of this ordinance, as so published, shall be admissible in evidence in all courts without further proof than the production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTION 7. The Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013 of the Texas Local Government Code. SECTION 8. This ordinance shall be in full force and effect from and after its passage and publication as required by law and it is so ordained. APPROVED AS TO FORM AND LEGALITY: ity Attorney. Date: ~ ~ ~-~~ ~ ADOPTED : ~ - ~Z -~ EFFECTIVE: -19- Caty of Fort Worth, Texas Mayor and Couuncil' Comrtm~unicatiort DATE REFERENCE NUI~ER G10619 LOG NAME PAGE 04/12/94 12CHAPTER 1 of 2 svssECT ORDINANCE AMENDING CHAPTERS 8, 9 AND 10 OF THE ELECTRICAL CODE OF THE CITY OF FORT WORTH, CODIFIED AS CHAPTER 1 1 OF THE CITY CODE RECOMMENDATION It is recommended that the City Council adopt the attached ordinance amending Chapters 8, 9 and 10 of the City's Electrical Code DISCUSSION Since 1969, the Tarrant County Electrical Examining Board has been providing uniform testing for electrical licensing in various cities in Tarrant County, including the City of Fort Worth The Board's membership consists of officers and employees from the participating cities Pursuant to the City's Electrical Code, the Tarrant County Electrical Examining Board is designated as the City's approved examining agency for electrical licensing in the City of Fort Worth, a designation the Board has held since its creation in 1969 The City of Fort Worth, until recently, has served as the administrative arm of the Board, providing administrative services such as scheduling the time and location of examinations, receipt of examinations fees, processing examination applications, preparation and administration of the examinations, grading of the examinations, and notification of examination results For performing these administrative services, the City retained all examination fees collected, whether the examination was for licensing in Fort Worth, or in any of the other participating cities Because ~of increased construction within the City of Fort Worth, resulting in increased administrative and inspection responsibilities in the Department of Development, coupled with recent budget reductions in available City personnel, it is no longer practical for the City to continue as the Board's administrative arm As a result, the City of Fort Worth, together with other cities in the North Central Texas Region, such as Arlington, Dallas, Garland, Grapevine, Irving, Mesquite, and Richardson, have been working with the North Central Texas Council Governments to establish a cooperative regional program for competency testing at various grade levels of electricians desiring to perform electrical work in this region The program will be known as the North Central Texas Electrical Examination Program Further, the North Central Texas Council of Governments, through its Regional Codes Coordinating Committee, will select a qualified testing agency to administer the Program and to provide the examinations The attached ordinance, if adopted, will allow the City of Fort Worth to participate in the above described program Specifically, the proposed ordinance will cease recognizing the Tarrant County Electrical Examining Board as the City's approved testing agency, and will allow the City's Manager, upon approval by the City Council, to execute an interlocal agreement with the other participating cities and with the North Central Texas Council of Governments to participate ~== Printed on recycled paper City of Fort Worth, Texas Mayor and Council C'cr~rimunication DATE REFERENCE NUMBER LO(~ NAME PAGE 04/ 12/94 12CHAPTER 2 of 2 svsJECx ORDINANCE AMENDING CHAPTERS 8, 9 AND 10 OF THE ELECTRICAL CODE OF , THE CITY OF FORT WORTH, CODIFIED AS CHAPTER 11 OF THE CITY CODE { in the new program The program will secure the administrative services of a qualified examining agency As an alternative, the proposed ordinance provides that the City Council may authorize the City Manager to contract directly with an examining agency should the City desire not to participate in the program In either event, no expenditures of City funds will be required, and all examination fees will be paid by the applicant directly to the examining agency This arrangement will have a nominal impact on the revenues previously derived by the City in its relationship with the Tarrant County Electrical Examining Board, and will allow the remaining City personnel to concentrate solely on their administrative and inspection responsibilities The attached ordinance further proposes to remove from the City's Electrical Board of Appeals the authority to approve alternate examining agencies for electrical licensing in the City of Fort Worth Presently, the Electrical Code provides that the Electrical Board of Appeals may approve other examining agencies whose certificates of examination may be accepted in lieu of the examinations given by the Tarrant County Electrical Examining Board If the proposed ordinance is adopted, approval authority will be vested in the City's Building Official, and the authority of the Electrical Board of Appeals would be limited to reviewing the qualifications and testing standards of alternate testing agencies and submitting a recommendation to the Building Official for his final approval The proposed ordinance was considered by the City's Electrical Board of Appeals following a `' public hearing which it held during its regular monthly meeting on March 2, 1994, at which time the Board voted to recommend to the City Council that it approve the proposed amendments At that time, the proposed ordinance provided that the Building Official would be authorized to enter into the testing contract Since then, it has been determined that the authority appropriately should remain with the City Manager CB I Submitted or City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Charles R. Boswell 8500 /~ Or~gwating Departmout Head: ~~ ~®~~~~~ 4 Wade Adkins 7623 (from) ~Pl~ X2 ~9Q~ i For Additional Information ~+~dJ ~~~~ Contact: City Secretary of !lu Wade Adkins 7623 City of Fort Wosth.le~oes s ` ; ~"" F" ~ ~ (,~.~%ron rec clad r tk'~~.~r ,," ..t~:i~;c:. ~u ~ (Lii?~ Y Pape