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
* * *
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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.
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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
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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.
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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.
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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
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