HomeMy WebLinkAboutOrdinance No. 2018-31 (Title: An ordinance amending Sec. 14-2 to remove the requirement for contractor
registration fees (new and renewals), and amending Secs. 14-63, 14-118, 14-160, 14-162, and
repealing Division 6. Electrician's Licenses Secs. 14-229 through 14-233 of the Code of
Ordinances pertaining to electrical permits and application for licensing, to be consistent
with new state laws.)
ORDINANCE NO. 2018-31
AN ORDINANCE OF THE CITY OF FRIENDSWOOD,
TEXAS, AMENDING THE CODE OF ORDINANCES,
CHAPTER 14, "BUILDINGS AND BUILDING
REGULATIONS" BY AMENDING SECTION 14-2
"REGISTRATION AND LICENSING OF PROVIDERS AND
REPAIR SERVICES" RELATING TO CONTRACTOR
REGISTRATION FEES, AND AMENDING SECTION 14-63
"LICENSE REQUIRED", SECTION 14-118
"RESPONSIBILITY FOR INSPECTION AND FEES",
SECTION 14-160 "WHO MAY OBTAIN", SECTION 14-162
"SCHEDULE OF FEES" AND REPEALING DIVISION 6.
SECTIONS 14-229 THROUGH 14-233 RELATING TO
ELECTRICIAN'S LICENSING; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES
INCONSISTENT OR IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY, PUBLICATION AND
AN EFFECTIVE DATE.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. The foregoing recitals are hereby found to be true and correct and are hereby
adopted by the City Council and made a part hereof for all purposes as findings of fact. The City
Council hereby further finds and determines that the rules, regulations, terms, conditions,
provisions and requirements of this ordinance are reasonable and necessary to protect the public
health, safety and welfare of the citizens of the City.
Section 2. Chapter 14 of the Code of Ordinances entitled "Buildings and Building
Regulations", Section 14-2 (c) and (d) are hereby amended to read as follows:
"Sec. 14-2. —Registration and licensing of providers and repair services.
(c) Registration; filing of application. It shall be unlawful for any building contractors to do
business in the City of Friendswood without having first registered with the city and received
a building contractors license. Registrants/applicants shall register and file applications with
the building permits department city manager or his designee at city hall. Such
registration/application form shall include the name of the building contractor, the principal
office address (not a P.O. box), the name, address and phone number(s) of an individual who
will be available to respond to questions or complaints, proof of comprehensive general
liability insurance with minimum limits of S300,000.00 per occurrence, and such other
information as the building official city manager deems necessary and appropriate for the
proper identification and location of such applicant/registrant. Required policies of insurance
shall be issued by a carrier duly authorized to write such coverage in Texas, and must also
contain a completed operations endorsement. An applicant shall, under oath, provide the
building official city manager with a statement describing the general nature of the business
to be conducted and give true and correct information as may be called for on the registration
form, application or certificate provided by the city. Contractors who are already registered
with the city shall, in addition to payment of the annual fee required under appendix D, be
required to maintain proof of insurance as described herein.
(d) Fees. Building contractor license fees are hereby fixed pursuant to appendix D of the Code of
Ordinances and represent the administrative cost to the city for processing such applications
and issuing necessary license certificates. License fees shall be paid in full at the time of
issuance of the license.
(de) Transfer of license. Each license issued pursuant hereto shall be personal to the
applicant/registrant, and may not be transferred to any other building contractor.
(ef) Display of license. A true and correct copy of each license issued hereunder shall be carried
by every person operating pursuant to such licensee within the city, and shall be exhibited to
any authorized enforcement officer when so requested.
(fg) License revocation or suspension. Each license granted under this section is a permit to
engage in the business for which such license is granted while and only during such period
said business is conducted in a lawful manner. The city hereby reserves the right to revoke
or suspend any license which has been granted hereunder, if the licensee, or the licensee's
agent or employee acting within the scope of his employment, violates this section or any
other city, state, or federal law. If after issuance of a license, the building official city
manager receives evidence that such business is not being conducted in a lawful manner, he
shall, prior to revocation of such license, give written notice thereof to the licensee, which
notice shall specify the violation with which the licensee is charged and a date, time and
place at which a hearing before the building official city manager shall be held with regard
to the violation. The licensee shall have an opportunity to be heard at such hearing, shall
have the right to be represented by counsel, and shall have the right to introduce and submit
evidence in opposition to such revocation.
(gh) Penalty for violation. Any person who shall violate any provision of this section shall be
deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to
exceed S2,000.00. Each day of violation shall constitute a separate offense.
Ord No. 2018-31 2
Section 3. Chapter 14 of the Code of Ordinances entitled "Buildings and Building
Regulations", Section 14-63 is hereby amended to read as follows:
Sec. 14-63. - License required.
No electrical work of any type shall be done by any individual or company without a current
valid, unexpired state city electrical license, except that a property owner performing electrical
work with his own hands in a building or on the surrounding property owned by him and registered
as his homestead may be issued a permit to do electrical work on his homestead without a state
eity license.
Section 4. Chapter 14 of the Code of Ordinances entitled "Buildings and
Building Regulations", Section 14-118 is hereby amended to read as follows:
Sec. 14-118. - Responsibility for inspection and fees.
It shall be the duty of the electrical inspector to enforce the provisions of this article. He shall,
upon application by electricians licensed by the state city, collect and account for the fees and
deposits fixed and provided for in this article, and shall make inspections of electrical installations
and perform such other acts and duties as are provided for in this article.
Section 5. Chapter 14 of the Code of Ordinances entitled "Buildings and Building
Regulations", Section 14-160 is hereby amended to read as follows:
Sec. 14-160. - Who may obtain.
(a) Except as otherwise specifically provided in this article, no permit shall be issued to any
person who is not the holder of a valid unexpired master electrician's license. A master
electrician who is employed as a master electrician for a person shall take out building
electrical permits (electrical) only for that person and shall supervise, direct and control the
electrical work for which the building electrical permit (electrical) is obtained. A master
electrician who is engaged in the electrical business for himself shall take out building
electrical permits (electrical) for his business only and no building electrical permits
(electrical) shall be taken out by any master electrician who does not supervise, direct and
control the electrical work for which the permit is obtained. Each master electrician may
appoint not more than two of his full time employees to act as his agents in obtaining permits
by filing with the electrical inspector an affidavit sworn to before an officer authorized to
administer oaths, stating the name and address of each such agent,that each agent is a regular
and full time employee under the supervision of such master electrician, and that such master
electrician assumes all and full responsibility for any permit taken out or applied for by any
such agent. Such affidavit shall be permanently filed by the electrical inspector, but this
provision is intended only as a convenience to master electricians in handling ordinary
electrical work and shall never be construed as making the delivery of a permit to any agent
mandatory upon the electrical inspector.
Ord No. 2018-31 3
Section 6. Chapter 14 of the Code of Ordinances entitled "Buildings and Building
Regulations", Section 14-162 is hereby amended to read as follows:
Sec. 14-162. - Schedule of fees.
Before any permit will be granted for the installation or alteration of electrical work, the
licensed electrician making application for such building permit shall pay to the electrical inspector
the building permit (electrical) fees in such amount as established by resolution and printed in
Appendix D to this Code.
Section 7. Chapter 14 of the Code of Ordinances entitled "Buildings and Building
Regulations", Division 6 — Electrician's Licenses Sections 14-229 through 14-233 are hereby
repealed:
Sec. 14-229 —233. Reserved
Sec. 14 229. Required.
--Except as otherwise provided in this division,no person shall engage in the business of
contracting for, installing, altering, or repairing any electrical work within the city which is
regulated by this division unless such person shall hold a valid, unexpired master electrician's
license granted in accordance with state law.
Sec. 14 230. Applications.
Every application for a license as a master electrician, journeyman electrician, master sign
electrician, journeyman sign electrician, residential wireman, maintenance electrician, or
apprentice electrician shall be made upon a form furnished by the electrical inspector. Every
application shall state the name,date of birth,residence and business address of the applicant.Each
applicant shall supply a copy of their current state electrical license.
Sec. 14 231. Term and renewal.
No license under this article shall be issued for more than a year, and such license may be
renewed from year to year upon application by the holder of such license. All licenses shall expire
on December 31 of each year.
Sec. 14 232. Issuance.
Upon the submission of satisfactory proof that an applicant is licensed by the state as a master
electrician, journeyman electrician, master sign electrician, journeyman sign electrician,
residential wireman, maintenance electrician, or apprentice electrician, the electrical inspector,
•article, shall issue to each applicant the class of license which such person is qualified to receive
under the provisions of this article
Sec. 14 233. Restrictions on work beyond scope of license.
It shall be unlawful for the holder of any license issued under the•provisions of this division
•
than such business or work authorized by the class of license or permit held by him. The master,
journeyman, or when applicable, residential wireman electrician responsible shall be present, on
• .
Ord No. 2018-31 4
Section 8. All ordinances or parts of ordinances in conflict or inconsistent with this
Ordinance are hereby expressly repealed.
Section 9. In the event any clause phrase,provision, sentence,or part of this Ordinance
or the application of the same to any person or circumstances shall for any reason be adjudged
invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or
invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to
be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares
that it would have passed each and every part of the same notwithstanding the omission of any
such part thus declared to be invalid or unconstitutional, whether there be one or more parts.
Section 10. This ordinance shall become effective from and after its date of passage and
its publication, as provided by law.
PASSED AND APPROVED on first reading this 5th day of November,2018.
PASSED, APPROVED, and ADOPTED on second and final reading this 3rd day of
December,2018.
/ A
Mike Fo - an
Mayor
ATTEST:
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Melinda Welsh, TRMC
City Secretary Nip
6.15:+•
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Ord No. 2018-31 5