§ 10-113. City electrical contractors and electrical sign contractors, installers, maintenance electricians; licenses and registrations.

(a)

Effect of state licensing . Upon the state's enforcement of House Bill 1487, passed by the 78th session of the Texas Legislature that established the state licensing of electricians, the city no longer licenses electricians through testing administered by the city.

Exception: The building official will continue to renew those electrical licenses issued prior to the state's electrical license program.

All provisions and regulations of this chapter shall apply to licenses issued by the city and/or the state.

(b)

State licensed electrical contractors and electrical sign contractors, registration. State licensed electrical contractors and electrical sign contractors shall register with the city before performing any electrical work or electrical sign work regulated by this chapter or chapter 28, Signs and billboards.

(c)

City licensing and insurance required .

(1)

Qualifications of electricians . It shall be a violation of this chapter for a person who does not hold a license to engage in the electrical construction and/or electrical sign construction, for which a permit is required, or to undertake to execute such construction or to cause the undertaking of such construction.

(2)

Misrepresentation . It shall be a violation of this chapter for any person to represent themselves with any class of license or registration set forth in this Code or to use the words "electrical contractor," "master electrician," "master sign electrician," "electrician," or words of similar import or meaning on signs, business cards, stationery, or by any other manner whatsoever, unless such person is properly registered/licensed within the meaning of the word used as provided in this chapter.

(3)

General liability and completed operation insurance .

a.

A licensed contractor shall furnish the name of the insurance carrier, policy number, name, address, and telephone number of the insurance agent with whom the contractor is insured to the building official or to any customer who requests it.

An electrical contractor, electrical sign contractor, or the holder of an annual electrical maintenance permit must continuously maintain on file with the building official in a form of a certificate addressed to the city showing the above referenced persons carrying the following types and amounts of insurance:

1.

The insurance must be at least three hundred thousand dollars ($300,000.00) per occurrence (combines for property damage and bodily injury

2.

Be at least six hundred thousand dollars ($600,000.00) aggregate (total amount the policy will pay for property damage and bodily injury coverage); and

3.

Be at least three hundred thousand dollars ($300,000.00) aggregate for products and completed operations.

b.

The holder of any contractor's license is responsible for providing evidence of a new or renewal policy of any required insurance coverage upon termination or renewal of any policy.

c.

Any insurance certificate required by this Code must be written through a company licensed to issue the insurance in the state and the insurance may be approved by office of the city attorney.

(d)

Communication, ready access, and vehicle identification .

(1)

Means of communication . Every electrical or electrical sign contractor shall maintain an established place of business, as defined in subsection 10-113(d)(2) and shall establish a means to receive messages from the building official during the regular business hours. Acceptable means for receiving communications include, but are not limited to, a person available at the place of business, an answering machine, voice mail, a pager or a cellular telephone.

(2)

Master present for business . Master electricians or master sign electricians, on behalf of an electrical or electrical sign contractor, licensed by the city or the state, shall be present during construction related to that type of license. "Present" shall mean: on site, in the office, or available to be reached during the times of 7:45 a.m. and 4:30 p.m. Central Standard time. Upon request of the building official, master electricians shall make themselves available to meet on the job site.

(3)

Identification of vehicles . Each person engaged in electrical construction work shall identify all vehicles used for the transportation of materials, supplies, equipment or hand tools in the performance of such work with signs showing the name and type of business, the contractor's master electrician's license number and the state contractor's license number, if applicable, under which such electrical construction or electrical sign work is being conducted. For contractors operating with local license numbers, the number should be prefixed with EM or SM and those operating with state licenses shall have the TECL or TSCL. The signs shall be kept current at all times and shall be painted or comprised of permanently affixed decals displayed on each side of the vehicle. All letters and numbers shall be a minimum of two (2) inches in height and shall be in full view and legible at all times. It shall be a violation of this chapter to use vehicles that do not comply with this section.

(e)

City classifications of licenses and registrations . The following are the classifications of City licenses and registrations regulated by this Code:

(1)

Licenses :

a.

Electrical contractor.

b.

Electrical sign contractor.

c.

Master electrician.

d.

Master sign electrician.

e.

Journeyman electrician.

(2)

Registrations :

a.

Electrical maintenance technician.

(f)

Documentation . The building official shall adopt rules regarding the form of documentation that will be accepted as proof of compliance with any experience, verification of registration or license status, or other pertinent information the building official feels is relevant for inclusion.

(g)

Record of issuance . The building official shall maintain a record that is available to the general public of all licenses and registrations issued pursuant to this chapter.

(h)

City licenses, registration cards and certificates .

(1)

A registration card, bearing the building official's signature, shall be issued to each person receiving a city registration or license.

(2)

Each such registration card shall expire at midnight of the renewal date. A new card shall be issued provided that the registration or license holder has complied with the regulations of this Code pertaining to renewals.

(3)

Each registration certificate or card, when issued to an electrical contractor, electrical sign contractor shall be issued to a person and registered in the name of the firm by which the person is employed. The firm shall be known as the holder of such registration certificate or card and shall notify the code official if the licensee is no longer in its employment. No further permits will be issued to the firm based upon the previous license holder's name who is no longer employed by the firm.

(4)

It shall be a violation of this Code for any person to alter or amend in any manner, lend, rent, or transfer a registration certificate or card, and for any person to make use of any such rights for which the person is not registered or licensed.

(5)

Each electrical contractor, electrical sign contractor, or residential appliance installation contractor shall display the registration certificate in a conspicuous place in the firm's place of business. Each holder of a registration card shall carry the registration card on his person at all times while performing electrical work, electrical sign work or residential appliance installation covered by this Code and shall present it to the building official upon demand.

(i)

License expiration, renewal, and continuing education . A license may be renewed at any time within thirty (30) days before the expiration date, unless such license has been revoked or canceled by the building official. Applicants shall show proof of having satisfactorily completed an accredited four-hour code study course, approved by the building official, for each year of renewal within the twenty-four (24) months immediately preceding such renewal. All electrical and sign licenses shall expire at midnight on the anniversary date of their issuance and shall be subject to renewal for a two-year period of time.

(j)

Licenses not transferable . No license shall be transferred and no holder of any license shall allow his name or license to be used by any other person, either for the purpose of doing electrical construction or obtaining a permit under the penalty of forfeiture of license and payment of fines.

(k)

Cancellation and suspension of city licenses and registration; appeals . Any license or registration granted under this chapter may be canceled, revoked or suspended by the building official if the holder of such license or registration violates provisions of this chapter or any ordinance of the city relating to electrical work.

(1)

A contractor's certificate of registration or license may be cancelled or suspended by the building official after a hearing before the building official if the registered contractor is convicted of any penal offense arising out of or related to the performance of an electrical contract or the registered contractor suffers a judgment against them in a civil action predicated upon fraud in connection with the performance of an electrical contract.

(2)

The building official may also administratively cancel or suspend a certificate of registration or license after a hearing before the building official for any one or more of the following reasons:

a.

Conviction or entering a plea of guilty or nolo contendre (no contest) by the registered person or entity of:

1.

A felony, or

2.

Misdemeanor involving moral turpitude;

b.

Conviction or entering a plea of guilty or nolo contendre (no contest) in connection with a violation of any adopted technical construction code or amendments thereto in the state;

c.

Making any false statement as to a material matter in an application for registration, renewal or hearing in connection with same;

d.

Three (3) separate violations of this chapter, provided the violations occur within the previous 12-month period;

e.

Upon judicial determination of an abandonment or willful failure to perform any electrical contract or project in or undertaken by a registered electrical contractor, or willful deviation from or disregard of plans or specifications in any material respect;

f.

Upon judicial determination that the contractor knowingly made substantial misrepresentation on the part of the electrical contractor in the procurement of a

g.

Upon judicial determination of fraud on the part of the electrical contractor in the execution of or in the material alteration of any electrical contract or mortgage, promissory note or other document relating to the contract;

h.

Upon judicial determination that the electrical contractor knowingly prepared or accepted any mortgage, promissory note or other evidence of indebtedness pertaining to an electrical transaction with knowledge that it recited a greater monetary obligation than the agreed consideration for the electrical construction work;

i.

With knowledge, the electrical contractor directly or indirectly published any advertisement relating to electrical construction which contains assertions, representations or statements which are false, deceptive or misleading;

j.

Failure of the electrical contractor to notify the building official of any change in the ownership, management, or business name;

k.

Conducting an electrical contractor business in any name other than the one registered;

l.

Obtaining an electrical permit for an unregistered contractor or for one whose registration has been suspended, cancelled or denied.

(3)

The building official may take any of the following actions against the holder of the license or certificate of registration:

a.

No suspension.

b.

Suspension for thirty (30) days.

c.

Suspension for sixty (60) days.

d.

Suspension for ninety (90) days.

e.

Suspension for one hundred eighty (180) days.

f.

Cancellation.

(4)

the Building Official shall send the registered electrical contractor a written notice of any administrative action to be taken against the registered contractor by certified mail, return receipt requested, at the last known mailing address. The notification shall give not less than ten (10) working days' notice of the hearing. The building official is authorized to conduct hearings for the purpose of making findings of fact to assist him in making his decision.

(5)

A written decision to cancel or suspend a certificate of registration or license shall be required and list the reasons for the building official's decision. This written decision shall be forwarded to the registered contractor by certified mail, return receipt requested to the registered contractor's last known address. This mailing may be waived provided that the registered contractor sign and acknowledge receipt of the written decision from the building official. The registered contractor shall then have fifteen (15) days from receipt of this notice to appeal the building official's decision to the building-related and fire codes board of appeals. The decision of the building official shall be final after expiration of this time.

(6)

Board appellate process.

a.

A registered or licensed contractor shall have the right to appeal the building official's decision in accordance with section 10-14 of this chapter.

b.

A perfected appeal tolls the building official's decision to suspend or cancel the registration until the board renders its decision.

c.

Neither the board nor the building official shall have any authority to suspend a registration for longer than one hundred eighty (180) days.

d.

A cancellation shall prevent the electrical contractor from pulling new permits for a period of at least one year. For purposes of this section, a cancellation of a registration does not alleviate the registered contractor from performing current obligations or absolve them from liability under a contract. In performing currently permitted obligations while cancelled, the contractor shall not be subject to penalty for being unregistered. All other code provisions are applicable. Upon the expiration of a one-year period, a contractor may apply for a new certificate of registration. No provision of this section shall be interpreted to mean that a new certificate of registration will be issued after a prior certificate of registration has been cancelled. A denied applicant for a new certificate of registration is required to wait one year before applying again. There shall be no limit on the number of times a denied applicant may reapply.

e.

A suspension shall prevent the registered contractor from pulling new permits in the city for the suspension time period. A suspension of registration does not alleviate the registered contractor from performing currently permitted obligations under the electrical contract. The contractor shall not be subject to penalty for operating while suspended when performing currently permitted obligations. However, all other code provisions apply. The board's decision to affirm or affirm as modified a suspension of a registration means that the suspension time begins the following working day.

(l)

License prerequisite to issuance of permit . A permit for electrical work or electrical sign work shall not be issued to any person unless such person is the holder of a license to perform the class of work described in such permit as provided in this chapter. An annual electrical maintenance permit required by this chapter shall not be issued unless the owner of the property provides evidence that the maintenance work will be performed by individuals qualified in accordance with subsection 10-6(c) of this chapter.

(m)

Change of name . Upon payment of the fee set by ordinance, posting of any necessary bonds and compliance with any other requirements of this chapter, the holder of a valid license may apply to the building official for a change on the name of a license.

(n)

Continuation of the business upon death, disability or termination of the business's master . Upon the death, disability or termination of electrical contractor or electrical sign contractor business, such business will be allowed to complete existing work for which permits had been obtained prior to the severance of such master provided insurance is posted, if applicable, and sufficient evidence is submitted to and approved by the building official as to the ability of the business to complete the work in accordance with the requirements of this chapter. Monthly approval may be granted by the building official for a period not to exceed six (6) months. On or before the expiration of such period the business shall associate a new master of the appropriate classification or cease operations.

(o)

Electrical contractors, electrical sign contractors; responsibilities .

(1)

Every electrical or electrical sign contractor, before engaging in electrical or electrical sign work, must procure a master electrician or master electrician sign license for the conduct of such work. Electrical work is regulated by this Code. Electrical sign work is regulated by chapter 28, Signs and billboards.

a.

Electrical contractor work shall not include the manufacture of any sign regulated by this Code or chapter 28.

b.

Electrical sign contractor work shall not include the extensions of, or additions to, an existing branch circuit.

(2)

A licensed contractor shall display its name and license number on both sides of each vehicle owned or operated by the business and used in the conduct of his work. Lettering shall be of a contrasting color and at least two (2) inches in height.

a.

An electrical contractor's license number shall be preceded by the letters "EM" or "TECL" depending on whether the business is operating under a local license or state license.

b.

An electrical sign contractor's license number shall be preceded by the letters "SM" "TSCL" for city licenses or state licenses respectively.

(3)

All of a contractor's non-exempt work shall be performed by licensed or registered individuals. A contractor is responsible for compliance with applicable codes for all such work performed on its behalf.

(4)

The licensed contractor's name, address, phone number, and license number shall appear on all proposals, invoices, and written contracts proposed by the contractor. The following information: "Regulated by The Texas Department of Licensing and Regulation, P. O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512-463-6599; website: www.tdlr.texas.gov shall be listed on all proposals, invoices and written contracts.

(5)

A licensed contractor shall maintain employee records and records of all work performed on its behalf for a period of four (4) years after completion of the work, and shall make those records available to the code official at the contractor's place of business during normal business hours for inspection and copying.

(6)

A licensed contractor and its designated master electrician are responsible for supervision of all licensees or registered persons performing work on behalf of the contractor to assure compliance with applicable statutes and rules and, in particular, standards of conduct set out in these rules.

(p)

Master electrician and master sign electrician .

(1)

Responsibility . The master electrician of record shall be liable and responsible for the layout and technical supervision of any work that requires the securing of a permit under the master's license. Failure of the master to properly provide for the supervision and control of work being performed on behalf of the business may cause the work being performed under permit to be discontinued by the building official.

(2)

Limitation on multiple business affiliations . Any master electrician or master sign electrician affiliated with a business as herein provided shall not engage in the operation of a second electrical or electrical sign business, under the provisions of this Code, unless it is under the same name and insurance of the first business. Any permit issued to a business must be for work being done by that business. Any master electrician or master sign electrician obtaining permits for any person, business or entity will be notified to appear before the building official for consideration of a complaint.

(q)

Journeyman electrician and journeyman sign electrician; performance of work; supervision and ratio . A journeyman electrician shall perform electrical or electrical sign work under the general supervision of a master electrician or master sign electrician on behalf of an electrical or electrical sign contractor. A journeyman electrician or journeyman sign electrician shall directly supervise the work of an electrical apprentice provided that a ratio of eight (8) electrical apprentices to one journeyman electrician is not exceeded.

(r)

Electrical maintenance technician; performance of work . A maintenance electrician may perform all of the work under the annual electrical maintenance permit permitted by subsection 10-6(c). A registered electrical maintenance technician may perform all of the work permitted by subsection 10-6(c) but may not perform work involving voltages or amperages that exceed the limits described in subsections 10-6(c)(2)a.—f.

(Ord. No. 2018-06-21-0493 , § 1, 6-21-18)