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HomeMy WebLinkAboutORD 73-7WEY/lrl/1/11/73 W_ ORDINANCE NO. 73-7 ENTITLED AN ORDINANCE AMENDING CHAPTER 11, SECTIONS 11-17 THROUGH 11-27 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS, BY REPEALING THE PRESENT SECTIONS 11-17 THROUGH 11-27, INCLUSIVE, AND ADDING NEW SECTIONS THEREFOR; PROVIDING THE CREATION OF AN ELECTRICAL BOARD OF REVIEW; PROVIDING FOR A TENURE OF OFFICE -OF MEMBERS, REMOVAL, FILLING OF VACANCIES, COMPENSATION, INTERNAL ORGANIZATION, HEARING APPEALS FOR INTERPRE- TATION OF THE CODE, REVIEWING PROVISIONS OF THE ELECTRICAL CODE AND RECOMMENDING REVISIONS TO THE CITY COUNCIL, POWER TO SUSPEND OR REVOKE LICENSES, EXAMINATIONS AND THEIR FEES, ISSUANCE OF LICENSES AND REGISTRATION OF ELECTRICIANS, APPEALS FROM REFUSAL TO ISSUE LICENSES OR FROM REVOCATION OF LICENSES, BOARD OF APPEALS TO HEAR SAID APPEALS, EXAMINATION -REQUIREMENTS; PROVIDING FOR REPEAL AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: 1. That Sections 11-17 and 11-27 of Chapter 11 of the Code of Ordinances of the City of Beaumont, Texas, be, and they are hereby, repealed. 2. Chapter 11 of the Code of Ordinances of the City of Beaumont, Texas, is hereby amended by enacting new Sections 4 C/ 3 11-17 through 11-23 and reserving Sections 11-24 through 11-27; said Sections to read as follows: "Sec. 11-17. Electrical Board of Review - creation; membership. "There is hereby created the Electrical Board of Review consisting of five appointive members and the Electrical Inspector, who shall be an ex officio member. The appointive members of the Board shall be appointed by the City Council and have the right of one vote each. The Electrical Inspector shall act in an advisory capacity only and shall not have the right to vote with the Board. The appointive members of the Electrical Board of Review shall be qualified as follows: 0- 73-7 � 3 One electrical engineer; one master electrician.; one electrical contractor; one general•contractor; and_.one'..architect...: "Sec. 11-18. Same - Tenure of office of members, removal, filling vacancies, compen- sation. "The Board shall be appointed, whose membership shall hold office from the date of their appointment for a term ending the thirtieth day of June of each year, or until their successors have been appointed and qualified. Thereafter, a Board shall be appointed on the first day of July of each year, the members of which shall serve for a term of one year, unless reappointed for a succeeding term. Any member of the Board may be removed by the governing body of the City for cause. Vacancies within the Board shall be filled by appointment for the unexpired term. The members of the Board shall serve without compen- sation. "Sec. 11-19. Same - Internal organization, meetings, function and powers. "(1) The Board shall select a chairman and shall prescribe a procedure and order of business for ;ze:aring applications for examinations. The City Electrical Inspector shall act as secretary to the Board. "(2) Three members of the Board present at any meeting shall constitute a quorum for the transaction of business, and a majority of the members present and voting shall be necessary to constitute an official action of the Board. "(3) A record of all official transactions of the Board shall be kept in such a manner as to properly reflect the business transcribed by such Board, and shall be available to the City Manager and the City Council at all times. "(4) The Electrical Board of Review shall have the power to: (a) Hear and decide appeals as provided in Section 11-.20 of this Code; (b) To recommend to the City Council in writing amendments and changes to the Electrical Code, and to recommend new methods and materials to be recognized by such Code. "(5) It.shall be the duty of such Board to pass upon the qualifications of all applicants for a license as a master electrician, limited sign electrician, elevator electrician, or journeyman electrician desiring to do business in -the City. The Board shall fix the date of examination for such applicant, which examination -shall be held monthly or oftener as may be decided by the Board. The Board shall make reasonable rules relating to -the type of examination required, so as to determine the qualifications of applicants. -2- 0 "(6) The Board shall have the power to suspend or revoke the license of any electrician who is found guilty of: (a) The practice of any fraud or deceit in obtaining such license; (b) Taking out electrical permits in the name of some person, authorized.by law to do electrical work and there- after permitting a person without a proper license to do the work; (c) Any gross negligence, incompetence, or misconduct in the performance of electrical work within the juris- diction of the City under this Code. Sec. 11-20. Appeals to the Electrical Board of Review. "Any person, firm, or corporation aggrieved by -any interpretation.of the Electrical Code, or by any.decision or rulingof the Electrical Inspector under said Code shall have the right to make an ..appeal to the Electrical Board of Review. Said appeal shall be made in writing and shall be duly verified by the person or persons familiar with the facts charged, and three written copies of same shall be filed with the City Clerk within thirty (30) days of the date of 'decision from which appeal is made. A certified check for the amount of $25.00 payable to the City of Beaumont, shall be delivered to the City Cashier, and a receipt from the City Cashier for such check shall accompany"the aforementioned appeal to cover the cost of processing the appeal. The City Clerk shall retain one copy of such appeal for official records of the City and shall refer two copies of the appeal to the Electrical Inspector, who shall investigate the.facts and report the appeal and facts to the Electrical Board of Review. "The Board shall hear the appeal and within thirty (30) days from such appeal, render a decision in writing, which shall be final with respect to the matter presented in.the appeal. Such decision shall be filed by the City Clerk. "In hearing such an appeal, the Electrical Board of Review shall not have the power to waive or set aside the requirements of the Electrical Code, but shall have the power to interpret provisions of said Code "Sec.,11-21. Same - Registration of master elec- triciaris, examinations, fees, issuance of license. "All applications for examination shall be made in writing and addressed to the Board, and shall be accompanied by an examination fee which shall be payable to the City and which includes one examination. The examination fee for master electrician, limited sign electrician, and elevator electrician shall be ten (10) dollars. The examin- ation fee for a journeyman electrician shall be two (2) dollars. Each applicant for master electri- -3- cian shall have a minimum of four years experience as a journeyman electrician or a degree in electrical engineering from a recognized school or college before he'will be eligible to take the examination for a master electrician's license. The applicant shall show the number of years of applicant's exper- ience in the alteration, installation and repair of electrical wiring and equipment. The Electrical Board of Review shall prescribe a written examination of a uniform, fair, impartial nature, testing"the applicant's knowledge of the electrical ordinances and regulations of the City and his ability to read simple electrical plans.. All examinations shall be graded promptly by the Board on the basis set out by the minutes of the Board. The Board may prescribe certain other fair, impartial tests of the applicant's skill and ability in work involving the alteration, installation and repair of electri- cal wiring and equipment. "Upon presentation to the Chief Electrical Inspector of a certificate signed by the chairman of the Electrical Board of Review stating the name and address of the applicant and that.he has passed the required examination, and after the applicant has paid to the City the fees prescribed in this code, the Chief Electrical Inspector shall issue to such applicant the appropriate license on a form prescribed by such Board, and such appli- cant shall be considered as 'registered' within the meaning -of this Code. "Sec. 11-22-. Same - Appeals from refusal to issue license or from revocation of license, Board of Appeals. "Any applicant who is refused a license, or whose license may have been revoked, may appeal to the Board of Appeals for a review of his -case. If an applicant is dissatisfied with the decision of the Board of Appeals, -he shall have the right of final appeal to the City Council, whose judgment as to all matters involved shall be final. "The Board of Appeals shall consist of three members appointed by the City Council, who, by experience and training, shall be qualified to pass upon the safety of installations and apparatus regulated by this Code. Members of the ..Board shall be appointed for each case as it arises. No member of the Board of Appeals shall sit in a case in which he is directly or indirectly interested, and in case of disqualification for such cause, or in case of his necessary absence, the.City Council shall make temporary appointment of a substitute. "Every master electrician must have and main- tain an established place of business and shall have a person in attendance to receive messages from the electrical inspector's office of .the.City or other persons concerned during regular business hours. "Sec.'11-23. Same - License required to do work. "It shall be unlawful for any master electrician, limited sign electrician, elevator electrician, or journeyman. electrician to perform electrical work within the City without first obtaining a license to do the same. -4- "Sec. 11-24 to 11-27. Reserved." 3 That all ordinances and parts of ordinances in conflict herewith are hereby repealed. 4. If any section, subsection, sentence, clause or phrase of this ordinance,. or the application of same to a particular set of persons or circumstances should for any reason be held invalid, such invalidity shall in no wise affect.the remaining portions of this ordinance, and to such end the various pro- visions of this ordinance are declared to be severable. PASSED by the City Council this -,3 day of , 1973. Mayor -5-