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HomeMy WebLinkAbout022371 ORD - 10/10/1995AN ORDINANCE AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 13, BUILDINGS; CONSTRUCTION AND RELATED OPERATIONS; HOUSING AND HOUSING PREMISES STANDARDS, ARTICLE I, CONSTRUCTION CODES, CHAPTER 1, ADMINISTRATION, BY AMENDING SEC. 108.2.2.1 TO REQUIRE ELECTRICAL LICENSES EXAMINATIONS BE SUPERVISED AND ADMINISTERED BY THE CITY OF CORPUS CHRISTI; DELETING PROVISIONS OF SEC. 108.2.2, RECIPROCAL LICENSES; AMENDING SEC. 108.2.9.1 TO INCLUDE STATEMENT OF MASTER OF RECORD - CONTRACTOR RELATIONSHIP, ADDING SEC. 108.2.9.1.1 FOR EVIDENCE OF MASTER OF RECORD QUALIFICATIONS; ADDING SEC. 108.2.9.1.2 DISCLOSURE UNDER THE TEXAS STAFF LEASING SERVICES ACT, AMENDING SEC. 108.2.9.3 TO INCLUDE ELEMENTS OF THE MASTER'S SUPERVISION AND MAKING UNLAWFUL MISREPRESENTATION OF UNSUPERVISED WORK; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE IMMEDIATELY FOLLOWING PUBLICATION. WHEREAS, the Corpus Christi Electrical Advisory Board has forwarded to the City Council its reports and recommendations concerning amendments to the administrative regulations of the Corpus Christi Electrical Code; WHEREAS, the City of Corpus Christi desires to enact the amendments so recommended by the Electrical Advisory Board upon finding the proposed changes to be in the interest of life and property protections; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Code of Ordinances, Chapter 13, Buildings; Construction and Related Operations; Housing and Housing Premises Standards, Article I, Construction Codes, Sec. 13-1 Administration, Chapter 1, Administration, is amended as follows: 101 TITLE AND SCOPE 108 LICENSING * * * 108.2 Electricians * * * sf95\ord\chl3art l .as 1 108.2.2 Method of Licensing 108.2.2.1 Examination To secure a license as a qualified and competent electrician in any of the classes specified herein, an application shall be made in writing and shall show the applicant's name, address, phone number and such other information as may be prescribed by the Eexamination Gcommittee and shall be made out on forms available in the offices of the Chief Electrical Inspector/and Chief Permit Officer. An examination must then be taken and passed by the applicant for a license to become effective. All examinations shall be based on the most recently adopted edition of the National Electrical Code adopted by the City of Corpus Christi supervised. and administered in and by the City of Corpus Christi. Texas. All examinations shall be comprehensive written examinations from a nationally recognized testing agency selected by the staff examination committee with the Electrical Advisory Board's concurrence. 108.2.2.2 Reeipreeal-Lieenses Reserved. To sccurc a license as a qualified and competent electrician in any of the classes specified th t `'- `r i1g-t on4itions arc complied witle a. The applicant shall show that he has obtained a license from such other City ("a an electrical licensing examination based on thc latest National Electrical Code requirements under this Chaptcr, and c. After thc licensing procedures of thc reciprocal City have been approved by the Board; the Building Official may issue the ap$Heailt th1 el ctrieia 1 lieeiise, City. s195\ord\chl3artl.as 2 108.2.9 Electrical Contractors 108.2.9.1 Master of Record - Contractor Relationship The Master of Record for a contractor. who is not himself the Master of Record. owes a high degree of fiduciary duty to the contractor. The Master of Record is the agent of the contractor. Whenever an act or omission of the agent (Master) constitutes a violation of law (this Code). it shall be held to be the act or omission of the contractor (principal). The contractor. as principal, engages the Master at his peril and is obligated through the Master's services to ensure the Code is observed. This Code imposes upon the contractor responsibility for the Master's acts and omissions irrespective of any intent on the contractor's part. The purpose of such strict obligation is founded in necessity to provide for public safety and promote a high degree of diligence on the part of the contractor for such public protection. Because the contractor has employed and empowered the Master to conduct business for the contractor. the contractor is charged with the responsibility for the Master's acts and omissions when the Master's acts or omissions constitute criminal conduct under this Code. The contractor's liability under this Code does not. however. lessen the Master's own responsibility for safe work (Chapter 1. 101.2.4) or relieve the Master of criminal liability for Code violations resulting from the Master's conduct. 108.2.9.1.1.1 Master of Record -Qualifications Every Electrical contractor doing business in the City must have a Master of Record who holds a current master electrician license and who is one the of the following: a. A sole owner of the business; b. A full-time paid employee of the business; or c. An owner or officer of the business who is actively engaged full time in the operation and conduct of the electrical contractor business. "Full-time" means actually engaged in the employment or conduct of the business 'work for an average of at least thirty (30) hours per week, or who if recently employed reasonably expects to be actively engaged in the employment or conduct of the business' work for an average of at least thirty (30) hours per calendar week over a period of at least six (6) consecutive calendar months. Said master electrician shall not qualify as the required master electrician for more than one electrical contractor business at one time. The Master of Record shall not qualify as the required Master Electrician for more than one electrical contractor business at one time. st9S\ord\chl3artl .as 3 If the applicant for Master of Record is a full-time employee and not an owner or officer of the business evidence of the employment relationship between the applicant (for Master of Record) and the emplover/contractor must be presented by the applicant and employer/ contractor. Such evidence must minimally consist of a true and correct copy of the most recently filed. fully executed TEC employers quarterly report form, showing the applicant as a bona -fide employee of the electrical contractor. If the applicant has not been employed by the electrical contractor long enough to appear on the last quarterly report. applicant and employer/contractor must timely produce such true and correct copy of the fully executed and filed TEC report at the time the next quarterly report is due. Employer electrical contractor shall verify such report is a true and correct copy of the state filing. False verification is unlawful under this Code. Among the credentials which the Building Inspector may require. the applicant must produce his/her correct driver's license. The foregoing requirements do not apply to a Master of Record who is the same person as the electrical contractor. Sec. 108.2 9.1.2 Disclosure Under the Texas Staff Leasing Services Act. (a) When a Master of Record is employed under the Texas Staff Leasing Services Act, Article 9104 Vernon's Annotated Texas Statutes. the Master of Record. the contractor (client company) who employs the Master, and the licensee who reserves the right of direction and control over the Master of Record. must each make disclosure of such fact. (b) Disclosure shall be made on forms promulgated by the Building Official. Disclosure shall be required as a condition of the Master of Record's qualification of status under this code. (j All Code requirements apply to a Master of Record employed under the authority of the Texas Leasing Services Act, including, but not limited to, the requirement that a Master of Record serve onl a sin • le electrical contra for/em.lo er. See Secs. 108.2.9.1 and 108.2.9.1.1 above. (t) The licensee. under the Act. which reserves the right of direction and control over the Master of Record, shall be treated as an employer of the Master, as required by state law. As well. the electrical contractor (client company) employing the Master shall be treated as an employer of the Master for the purpose of the electrical license credential. as required by state law. The client company (electrical contractor) and the licensee (staff leasing company) shall each. upon demand of the Building Official. provide those employment records deemed necessary by the Building Official. including but not limited to. Texas s195\ord\ch13art1.as 4 Employment Commission records. to determine that the services of the Master of Record are being employed by only a single electrical contractor at any time. These records shall appropriately include. but not be limited to. the contract and payments under such contract between the client company (electrical contractor) and the licensee (staff leasing company). *r■ 108.2.9.3 Master of Record's Place of Business and Elements of the Master's Supervision. Unlawful Misrepresentation (a) Every Master of Record must have and maintain an established place of business and shall have a local business telephone and shall make the necessary arrangements to receive messages from the Building Inspection Division or other persons concerned during regular business hours. The Master of Record shall be responsible for the supervision of all electrical work done pursuant to any electrical permits issued to him or to his duly authorized agent as described in the Corpus Christi Electrical Code. Any duly authorized agent shall be a full time employee of said electrical contractor business. (k1 Minimally. the Master's supervisory responsibilities for permitted electrical work shall include. but not be limited to: 1. ensure the appropriate class of electrician. Master or Journeyman. shall be present on site to conduct direct "on the job" supervision for each permitted job; 2. ensure appropriate journeyman/apprentice ratios (ensure number of apprentices are not excessive for each duly licensed master or journeyman electrician as per Sec. 108.2.8)• 3. maintain such supervisory presence on the permitted job site to effect Code compliance. (c) A Master of Record who secures a permit for electrical work he/she does not supervise as required in paragraph (b) above, commits an offense. d) An electrical contractor whose Master of Record (agent) commits a Code violation. including the offense described in paragraph (c) above. shall likewise be in violation of this code. A misrepresentation made by the Master of Record or failure to supervise by a Master shall be presumed to be a code circumvention to benefit the electrical contractor to the detriment of the public health. safety and welfare. The contractor shall be responsible for Code violations resulting from the Master's acts and omissions as set forth at 108.2.9.1 above. sf95\ord\chl3artl.as 5 fie) Where code violations have been observed on a permitted job, or substantial deviation from the standards of good workmanlike electrical work has been observed, there shall arise the presumption that the Master of Record is not performing his/her supervisory responsibilities, as required in paragraph (b). * * * SECTION 2. Violation of this Ordinance shall subject the violator to those penalties set forth at Sec. 107.1, Chapter 13, Administrative Chapter of the City of Corpus Christi Technical Construction Codes. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 4. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating in substance the purpose of the ordinance, this ordinance to become effective immediately following publication. sf95\ord\chl3artl.as 6 T That the foregoino ordin ce w read for the first time and passed to its second reading on this the (,9 day of ii }t � , 19 (73 , by the following vote: Mary Rhodes Dr.Jack Best Betty Black Melody Cooper Tony Heldenfels That thU(,o going nance was Mary Rhodes Dr.Jack Best Betty Black Melody Cooper l� Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols end for the second time and passed finally on this the ID day , by the following vote: Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols Tony Heldenfels PASSED AND APPROVED, this the 10 ATTEST: _ :et"' City Secretary-, APPROVED: /It/, DAY OF day of CL0be"' ,19( . MAYOR JAMES R. BRAY, JR., CITY ATTORNEY By 121/ 4/ YGC/t'el (1—Lteic/ Assistant City Attorney \forms\044 371 TY OF CORPUS CHRISTI PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad 183013 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice -President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE QF ORDINANCE NO. 022371 which the annexed is a true copy, was published in the Corpus Christi Caller-Timeg on the 16TH day(s) of OCTOBER. 1995. ONE (1) Time(s) $ 68.00 .• NpRAC ,�, gat ruatc'•�y �J o 114(z.. Vice -President and Chief Financial Officer Subscribed and sworn to before me this 20TH day of OCTOBER. 1995. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/97. F 1