HomeMy WebLinkAboutMinutes Electrical Advisory Board - 07/18/2002 • City of ELECTRICAL ADVISORY BOARD
Corpus Minutes of the Regular Meeting
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Board Members Present: Kyle Budd, Chairman Miguel Carrano
Martin Adrian, Vice Chairman Robert Conolly
Ernest Salazar Charles Sebbert
Shane Torno
Board Members Absent: Joe Hernandez John Horner
Board Members Present: David L. Lewis, Chief Electrical Inspector
Joseph Harney, City Attorney
Betty J. Hines, Recording Secretary
• Chairman Budd called meeting the meeting to order at 3:00 p.m. in the
Committee Room on the first floor of City Hall. The next item of business was roll
call. Mr. Joe Hernandez, Mr. Horner were absent for July.
Motion was made by Mr. Conolly and seconded by Mr. Sebbert to approve the
minutes of the previous meeting. (July 18, 2002) A pole was taken on who needed
copies of the NEC 2000 Code Book. Corrections were made to Mr. Shane Tomo
name.
The next item was the discussion of the adoption of the NEC 2002 with local
amendments Mr.Lewis stated that new code books would be purchased after budget
year ends. Starting the next fiscal year we will have more information. The plan is
to use the NFPA video format. During the meeting Mr. Manuel Cuellar was
introduced as the new electrical inspector.
The meeting recessed at 3:15 p.m.
The meeting reconvene at 3:25 p.m. SCANNED NED
• Jv{-IIV
• Electrical Advisory Board
July 18, 2002
page 2
The next item of business was the Building Official Report. There was
none.
The next item of business was Board member and staff discussion of any
pending, old or new items to be put on a future agenda. Insurance requirement
for operating a business. No insurance required.
The next item of business was petition from the audience. Mr. Robert Shake
a journeyman asked a question if you are in a two (2) year accelerated program then
you can become a journeyman? The answer is no. (It is a program sponsored by the
Refinery.) Mr. Chuck Zeler expressed questions and concerns about the inspector's
procedure. Question asked by Mr. Budd what is the procedure of operations. The
policy is to do the best every time. Question by Mr. Sebbert,Mr.Adrian,Mr. Carrano
• why the different inspector? Mr. Budd brought out again about the reciprocation
license. No proposal to the board at this time.
Motion made to adjourn the meeting, seconded by all passed unanimously. The
meeting adjourned at 4:00 p.m.
DEPARTMENT OF DEVELOPMENT SERVICES
INSPECTION OPERATIONS
Arthur N. Sosa, Director(Acting)
ANS:bh
a/7-1 8-02.min
Distribution: Board Members- City Manager
Asst. City Manager-Legal Dept.
Building Official - Chief Electrical Inspector(4)
Fire Protection Specialist
•
• After much input from inspectors and our customers the Building Official makes the
following interpretations of sections of the NATIONAL ELECTRICAL AND City of
Corpus Christi ELECTRICAL CODE. (Article 102.1). It is hoped that the result of the
interpretations and their immediate implementation will result in a more clarity,
consistency, and uniformity `consistent with the spirit and purpose"of the technical
construction codes.
Inspectors shall perform according to the following standards upon receipt of this
notification. This notification shall be in addition to all other previous notifications,but
this shall void any notifications that are contrary to this one.
1. A receptacle outlet shall not be required where that outlet will end up behind
swinging entry doors at entry areas of rooms and dwellings. (NEC 210-52 (a)(1)
2. Receptacle outlets will not be required to be installed where at wall spaces where that
will end up less than 24 inches wide after trim and/or molding are installed at the
finish. (NEC 210-52 (a)(2)(a))
3. Receptacle outlets that are within 1-1/2"to 2"of their Code required locations, at
wall spaces and countertops, etc shall be deemed as meeting the requirements of the
Code. (NEC 210-52 (a) (1),NEC 210-52 (c) (1)
4. No receptacle outlet shall be required on the front side of peninsular countertops
where these outlets would be below over hanging bars or counter. These short spaces
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are not considered as useable wall space. NEC 210-52 (b) (5)
Contributions from the building public,engineers, inspectors,and a variety of reference
material are actively welcomed in the spirit in which they are offered.
ph-9
lavld L. Lewis, Chief Electrical
inspector
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• RECOMMENDED ELECTRICIAN LICENSE
SUSPENSION/REVOCATION HEARING PROCEDURE
Call hearing to order. [NOTE: This is not a public hearing) It is a due process
hearing. No public comment will be solicited.
II. Ask licensee and his attorney to come to front of Council Chambers.
III. Ask Staff to present a summary of the proceedings to date. (This is background
information, and should not be considered as evidence, if the licensee objects.)
A. Summary of-provisions of AdministrativeChapterre
suspension/revocation of electrician licenses.
B. Summary of complaint, e.g., by whom, how the complaint was received
(e.g., by telephone call, letter, in person to staff, or in person to the board),
nature of the complaint (e.g., what actions or inactions by the licensee
lead to the complaint), what provisions of the technical construction codes
may have been violated.
C. What staff did in response to the complaint (describe any inspections or
investigations conducted).
• D. Summary of violations found by staff, if any.
E. Summary action taken by the applicable Electrical Advisory Committee
(e.g., dates of hearings, etc.).
F. Present finding and recommendation of the Electrical Advisory Committee.
IV. Ask licensee if he disputes the factual basis of the complaint or the
recommended action from the advisory committee. (May allow a brief opening
statement, which will not be evidence.)
V. If licensee challenges the factual basis of the complaint or recommended action
of the advisory committee, the Staffs representative should be directed to call
witnesses and present the case as to why the license holder's license should be
suspended or revoked. (The license holder or his attorney should be allowed to
cross-examine each witness.)
VI. After the Staff's representative completes its case, the license holder should be
allowed to present witnesses to rebut the Staffs case. (Staff should be allowed
to cross-examine each witness.)
VII. After the license holder completes his case, the Staff should be allowed to
present rebuttal witnesses, if any. (The license holder or his attorney should be
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allowed to cross-examine each witness.)
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• VIII. After the Staff completes its case in rebuttal, the license holder should be allowed
to present rebuttal witnesses, if any. (The Staffs representative should be
allowed to cross-examine each witness.)
IX. Both Staff and licensee should be afforded the opportunity to make a closing
argument.
X. The hearing should then be closed, and Council should deliberate.
A. The Council should determine if the violations alleged have been proved
by the following standard of proof. Findings must be supported by and in
accordance with thereliable, probativa,_and-substantiafevidence._-By- his_
is meant evidence of such probative value as a reasonable, prudent and
responsible person is accustomed to rely upon when making decisions in
important matters.
B. If the Council finds that some or all of the violations alleged have been
proved, the Council then needs to determine what sanction, if any is
appropriate. The possible sanctions are revocation or suspension of the
license.
1. If the Council revokes a license, the individual would no longer be
able to work under the authority of the license within the City of
• Corpus Christi. However, at some future date the individual could
reapply for a license. The Council sets the period of time that the
applicant must wait before the applicant reapplies for the license.
At that time, the applicant would be treated like any other new
applicant for the license, and be required to produce evidence of
the required experience and retake any examinations.
2. If the Council suspends the license, the individual would not be
able to work under the authority of the license within the City of
Corpus Christi, for the period of the license is suspended. The
Council will set the length of the suspension. At the end of the
period the individual will need to reapply for the license and retake
the examination.
3. Section 108.2.7.5, Chapter 1, Administration, of the Technical
Construction Codes, adopted by Section 13-1 of the Code of
Ordinances, provides that"it shall be unlawful for any person, firm
or corporation whose rights under a license have been suspended
or revoked by the city council to engage in or do electrical work."
4. If the licensee's master electrician license is suspended or revoked,
the Council should determine whether the licensee should be able
• to apply for a journeyman electrician or apprentice electrician
license. If authorized to hold a journeyman electrician license, the
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license would be required to take and pass the journeyman
electrician exam.
Xl. The findings and action on the license should then be announced.
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• 108.2.7.3.5. If the licensee confirms the allegations, or if,
upon a hearing of the charge, the board determines the
charges to be true, it may_
(a) suspend the license for any period of time, but a
suspension may not exceed 6 months. or
fb) revoke the license.
108.2.7.3.6. The Committee may also recommend to the
Chief,tlectricat Inspector that-the individual-be issued-a
license of a lower grade and be allowed to perform electrical
work under the supervision of another licensed electrician
during the period of suspension or upon revocation of the
license.
108.2.7.3.7. Upon completion of its hearing, the board shall
file its findings with the city secretary
for sensideratien-by-information of the city council.
108.2.13.8. The board shall also forward a certified copy of
• same to the licensee.
108.2.7.4. Procedure for appeal to City Council from Electrical
Advisory Committee decision.
108.2.7.4.1. Upon receiving written appeal from a decision
of the Electrical Advisory Committee to suspend or revoke
the license of any electrician under Section 108.2.7.3. the
City Secretary shall request the appealing party to present to
the City Council, within thirty (30) days following the appeal
in writing, a clear and concise statement of his objections to
• the holding of the committee, specifically pointing out the
particular findings and actions of the board alleged to be in
error. Such statement shall include a brief and concise
summary of all testimony of witnesses and exhibits
presented to the electrical advisory committee. Opportunity
shall be provided for response by the City's staff and
complaining party.
108.2.7.4.2. Should the Council determine from such
presentation that facts have been presented which might
justify reversal of the Electrical Advisory Committee decision
the Council may order further proceedings under this
section. Otherwise, the appeal shall be denied. Such
decision shall_be made within_thirty(3O)_days from receipt by
tounci1f1IstafeinenTolobjections:and Council's
decision shall be delivered to the mp oyee 'n writing.
108.2.7.4.3. If further proceedings are found to be
necessary, Council may order that a transcript be printed of
the proceedings. or part thereof, before the Electrical
Advisory Committee, and provided to each of the Council
members.
108.2.7.4.4. Within thirty (30) days after a need has been
found for further proceedings. or after sufficient time has
• elapsed for Council to read the transcript. if ordered, a
hearing shall be scheduled on the appeal at which time
argument, either oral or written as specified by Council. may
be presented by the parties.
108.2.7.4.5. No evidence shall be considered which was not
presented to the Electrical Advisory Committee. The
decision of the Committee shall be entitled to great
deference, and shall be affirmed unless it is found to be
clearly unreasonable or capricious.
108.2.7.4.6. Council shall render a decision within fifteen
(15) days of the hearing. Failure to so render a decision
shall act as affirmation of the Committee'sdecision.
108.2.7.4.7. The electrician shall be notified in writing of
council's decision.
108.2.7.5. Violation of order. It shall be unlawful for any person, firm
or corporation whose rights under a license have been suspended
or revoked by the oft','council board to engage in or do electrical
work.
• 108.2.7.6. Unauthorized use of license. It shall be unlawful for any
person to lend, rent or transfer hislicense, badge or any rights to
• any other person, and for any person to make use of any such
rights which are not actually his won.
108.2.7.7. Altering or amending licenses. It shall be unlawful for any
person other than the chief electrical inspector at the direction of
the examination committee to alter or amend in any manner any
license as set forth herein.
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