(a)
A
person, firm, or corporation shall not perform work requiring an electrical
license under title 8, Occupations Code, chapter 1305. Except as provided
by section 1305.003, a person, firm, or corporation may not perform
or offer to perform electrical work or residential appliance installation
unless the person or business holds an appropriate license issued
or recognized under this article.
(b)
A
licensed applicant or licensee shall file with the city a completed
certificate of insurance or other evidence satisfactory to the city
when applying for initial and renewal licenses and upon request of
the city.
(c)
Each
successful applicant for an electrician’s license shall maintain
and furnish to the city the following general liability and completed
operation insurance:
(1)
In addition to all other insurance requirements, the master electrician
of record, the master sign electrician of record, and the firm for
whom the master is holding the master’s license or the holder
of a maintenance permit must continuously maintain on file with the
building official evidence in the form of a certificate that the holder
of the master’s license carries the following types and amounts
of insurance: license holders shall have bodily injury liability insurance
of at least three hundred thousand and no/100 dollars ($300,000.00)
and property damage liability insurance of at least three hundred
thousand dollars ($300,000.00) for both general liability and completed
operations insurance. This amount shall equal the same amount as the
state, should requirements be changed by the state.
(2)
If the person holding a master’s license severs the connection
with a firm that is jointly covered by the same insurance, a new certificate
showing proper coverage will be required of both parties.
(3)
The holder of any master’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.
(d)
Such
applicant shall furnish the building official with a certificate of
insurance on an industry standard certificate of insurance form with
a thirty-day cancellation notice.
(e)
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 contracting company is insured to any customer
who requests it.
(f)
Insurance
must be obtained from an admitted company or an eligible surplus lines
carrier, as defined in the Texas Insurance Code, chapter 981, or other
insurance companies that are rated by A.M. Best Company as B+ or higher.
(g)
The
insurance policy shall include a provision that in the event such
coverage is cancelled or reduced, the insurance company shall notify
the building official at least prior to such cancellation or reduction
in coverage.
(Ordinance 11-3541, sec. I (10-61),
adopted 1/20/11)
(a)
A person shall not engage in the business of electrical contracting without being licensed, insured, or bonded and registered in the manner required by this section as a master electrician or as a licensed electrical contractor, licensed electrical sign contractor, or a licensed residential appliance installation contractor and employing a master electrician in accordance with subsection (d) below.
(b)
Any
person holding a master electrician’s license shall not establish,
maintain or advertise a place of business at any location within the
city under any name other than that registered with the electrical
inspector; a person shall not qualify more than one electrical business
service or other entity at any one time.
(c)
Any
person desiring to engage in the business of electrical contracting
shall make application for registration and shall pay the $30.00 annual
registration fee at the office of the electrical inspector. This registration
must include the name of the person holding the master electrician’s
license, the name of the business under which work is to be performed,
the street address, mailing address and permanent telephone number
of the place of business, and the names of all journeymen and electrical
apprentices employed by the firm.
(d)
No
person or firm shall engage in the electrical contracting business
within the city unless the business is qualified by a master electrician
who:
(1)
Is an owner or full-time employee of the business;
(2)
Directly supervises the daily operation of the business in an active
manner;
(3)
Is not engaged in or employed by any other electrical business at
the same time;
(4)
Is authorized to order employees of the business to correct defects,
errors and deficiencies in electrical work installed or performed
by the business; and
(5)
Shall be equally and jointly responsible with his employer for the
business firm’s complying with the provisions of this article
in its entirety, including payment for indebtedness to the city for
permit fees, inspection fees and license fees.
(e)
A
licensed electrical contractor of any type 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 electrical work. Lettering
shall be of a contrasting color and at least two inches in height.
The license number shall be preceded by the letters “TECL,” “TSCL”
or “TICL.”
(f)
All
of a contractor’s nonexempt electrical work shall be performed
by licensed individuals. A contractor is responsible for compliance
with applicable codes for all such electrical work performed on its
behalf.
(g)
The
contractor’s name, address, telephone 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.license.state.tx.us/complaints” shall be listed on invoices and written contracts.
(Ordinance 11-3541, sec. I (10-62),
adopted 1/20/11)
(a)
Every
master electrician and master sign electrician or licensed electrical
contractor or any type licensed under this article shall have and
shall maintain a definite, permanent place of business. A permanent
place of business shall consist of a current street address, telephone
number and mailing address at which the master electrician can be
reached, and it shall be furnished to the electrical inspector and
updated as required.
(b)
Every
licensed electrical contractor of any type and its designated master
electrician shall be responsible for supervision of all licensees
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.
(c)
Journeyman
electricians shall not supervise more than three electrical apprentices
on any given jobsite at one time.
(Ordinance 11-3541, sec. I (10-63),
adopted 1/20/11)
(a)
It
shall be unlawful for any person holding an electrician’s license
authorized to be issued under the provisions of this article to transfer
the same or allow the use of same directly or indirectly by any other
person for the purpose of doing electrical work or for obtaining a
permit to do electrical work.
(b)
A
person who has been employed as a master electrician by another master
electrician electrical contractor in order to open a permanent place
of business and qualify as an electrical firm within the city shall:
(1)
Obtain and maintain a master electrician license from the state;
(2)
Be equally and jointly responsible with his employer for the business
firm’s complying with the provisions of this article in its
entirety, including payment for indebtedness to the city for permit
fees, inspection fees, and license fees;
(3)
Give written notice to the electrical inspector immediately whenever
he leaves or is discharged from the employ of a person who is required
by this article to employ a master electrician.
(c)
The
permit privileges of the employer master electrician shall, without
further order or action, be suspended immediately upon termination
or discharge of the employee master electrician, until the employment
and qualifying of another employee master electrician.
(Ordinance 11-3541, sec. I (10-64),
adopted 1/20/11)
The maintenance electrician’s license shall not be construed
in any way to allow the holder thereof to install any new circuit,
outlet, or additions, or to perform any electrical work for which
a permit is required, or to perform any work required by this article
to be performed by a master electrician, master sign electrician,
journeyman electrician or journeyman sign electrician.
(Ordinance 11-3541, sec. I (10-65),
adopted 1/20/11)
Every holder of a maintenance electrician’s license shall
notify the electrical inspector immediately when such holder makes
any change in his employment, giving in such notice the name of his
new employer and the location of the premises in or on which he is
to be employed to perform electrical maintenance work.
(Ordinance 11-3541, sec. I (10-66),
adopted 1/20/11)
(a)
Possession of an apprentice license.
Every apprentice
electrician shall keep such license in his possession and on his person
at all times when engaged in work on any electrical installation project
or site.
(b)
Working under supervision.
Every apprentice shall undertake
electrical work only when engaged under the direct supervision of
a master electrician, master sign electrician, journeyman electrician
or journeyman sign electrician. No more than three (3) apprentice
electricians shall be under the direct supervision of a licensed journeyman
or master electrician on any individual jobsite - a ratio of 3 apprentices
to each journeyman or master electrician.
(Ordinance 11-3541, sec. I (10-67),
adopted 1/20/11)
(a)
The
board may request suspension of the license or registration of any
class of electrician who has committed any of the following:
(b)
In considering charges under this section or section 3.04.006 of this article, the board shall proceed upon sworn information furnished by an official of the city, or by some person having knowledge of an alleged violation in the performance of electrical work. Such information shall be in writing and shall be duly verified by the person familiar with the allegations made. The board, if it deems the information sufficient to support further action on its part, shall issue an order setting the matter for hearing at a specified time and place and the secretary of the board, with the advice and counsel of the city attorney, shall cause a copy of the board’s order and of the information to be personally served upon the electrician or by certified mail, return receipt requested, at least fifteen (15) days before the date set for the hearing.
(Ordinance 11-3541, sec. I (10-68),
adopted 1/20/11)
(a)
Only
those matters or issues specifically raised by the city official or
aggrieved party shall be considered in the hearing. In determining
such charges, the board shall proceed upon the sworn information furnished
by any person who is of sound mind and legal age.
(b)
Record.
A record of the entire proceedings may be made
by tape recording, or by any other means of permanent recording determined
to be appropriate by the board.
(c)
Reporting.
The proceedings at the hearing shall also
be reported by a phonographic reporter if requested by any party thereto.
A transcript of the proceedings shall be made available to all parties
upon request and upon payment of the fee prescribed therefor. Such
fees may be established by the board, but shall in no event be greater
than the cost involved.
(d)
Continuances.
The board may grant continuances for good
cause.
(e)
Oaths; certification.
In any proceedings under this
article the board, or any board member, has the power to administer
oaths and affirmations and to certify to official acts.
(f)
Reasonable dispatch.
The board and its representatives
shall proceed with reasonable dispatch to conclude any matter before
it. Due regard shall be shown for the convenience and necessity of
any parties or their representatives.
(g)
Rules.
The hearing need not be conducted according to
the technical rules relating to evidence and witnesses.
(1)
Oral evidence.
Oral evidence shall be taken only on
oath or affirmation.
(2)
Hearsay evidence.
Hearsay evidence may be used for the
purpose of supplementing or explaining any direct evidence, but shall
not be sufficient in itself to support a finding unless it would be
admissible over objection in civil actions in courts of competent
jurisdiction in this state.
(3)
Admissibility of evidence.
Any relevant evidence shall
be admitted if it is the type of evidence on which responsible persons
are accustomed to rely in the conduct of serious affairs, regardless
of the existence of any common law or statutory rule which might make
improper the admission of such evidence over objection in civil actions
in courts of competent jurisdiction in this state.
(4)
Exclusion of evidence.
Irrelevant and unduly repetitious
evidence shall be excluded.
(5)
Rights of parties.
Each party shall have these rights,
among others:
(A)
To call and examine witnesses on any matter relevant to the issues
of the hearing;
(B)
To introduce documentary and physical evidence; to serve search warrants;
(C)
To cross-examine opposing witnesses on any matter relevant to the
issues of the hearing;
(D)
To impeach any witness regardless of which party first called;
(E)
To rebut the evidence against him;
(F)
To represent himself or to be represented by anyone of his choice
who is lawfully permitted to do so;
(G)
To subpoena witnesses, administer oaths, punish for contempt, require
production of documents and records relevant to the issues.
(6)
Official notice.
(A)
What may be noticed.
In reaching a decision, official
notice may be taken, either before or after submission of the case
for decision, of any fact which may be judicially noticed by the courts
of ordinances of the city or rules and regulations of the board [sic].
(B)
Parties to be notified.
Parties present at the hearing
shall be informed of the matters to be noticed and these matters shall
be noted in the record, referred to therein, or appended thereto.
(C)
Opportunity to refute.
Parties present at the hearing
shall be given a reasonable opportunity, on request, to refute the
officially noticed matters by evidence or by written or oral presentation
of authority, the manner of such refutation to be determined by the
board.
(D)
Inspection of the premises.
The board may inspect any
building or premises involved in the appeal during the course of the
hearing, provided that: (i) notice of such inspection shall be given
to the parties before the inspection is made; (ii) the parties are
given an opportunity to be present during the inspection; and (iii)
the board shall state for the record upon completion of the inspection
the material facts observed and the conclusions drawn therefrom. Each
party then shall have a right to rebut or explain the matters so stated
by the board.
(7)
Hearing before the board itself.
Where a contested case
is heard before the board itself, no member thereof who did not hear
the evidence or has not read the entire record of the proceedings
shall vote on or take part in the decision.
(8)
Form of decision.
The decision shall be in writing and
shall contain findings of fact, a determination of the issues presented,
and the action to be taken. A copy of the decision shall be delivered
to the appellant personally or sent to him by certified mail, return
receipt requested.
(9)
Effective date of decision.
The effective date of the
decision shall be as stated therein.
(10)
Any person who may feel himself/herself aggrieved by any action or
decision of the board may, within thirty (30) days after receiving
the decision of the board, take recourse from said action or decision
as provided by the laws of the state. Such recourse shall not have
the effect of suspending any decision of the board unless the suspension
is ordered by a court of competent jurisdiction.
(11)
Any person whose rights, under an electrical license or registration,
have been suspended or revoked by the board shall not engage in or
do electrical work during said term of the suspension or revocation.
(Ordinance 11-3541, sec. I (10-69),
adopted 1/20/11)
