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HomeMy WebLinkAbout2000-OR-66ORDINANCE NO. 2000-OR- G2 (.o AN ORDINANCE AMENDING SECTION 150.075 OF THE JEFFERSONVILLE MUNICIPAL CODE BE IT ORDAINED BY THE COMMON COUNCIL OF JEFFERSONVILLE, INDIANA: WHEREAS, Section 150.075 of the Jeffersonville Municipal Code provides for an examination and licensing requirement for Electrical Contractors; and WHEREAS, the examination and licensing procedure is administered by the Office of the Building Commissioner; and WHEREAS, Section 150.075 of the Jeffersonville Municipal Code is in need of some technical amendments to allow for greater efficiency and compliance within the examination and licensing procedure. NOW THEREFORE, IT IS HEREBY ORDAINED that Section 150.075 of the Jeffersonville Municipal Code is hereby amended to read as follows: Section 150.075 ELECTRICAL LICENSES. (A)Electrical license required. All persons performing any installation, alteration, or repair of any electrical wiring, devices, panels, or equipment in the City, or within City's zoning fringe area, must be licensed by the City as an electrical contractor or must be in the employ of a licensed electrical contractor working under the supervision, direCtion, and responsibility of the licensed contractor. 03) Non-transferability and non-negotiability. Any license issued under this subchapter may not be transferred, assigned, sold, or negotiated to another person. It is unlawful to transfer, assign, sell, or loan such license for the use of any other person, firm, or corporation to enable such person, firm, or corporation to work on a job without obtaining the proper license or permit. 1 (c) Issuance of permits. It is the responsibility of licensed electrical contractors to secure permits required by the provisions of this chapter prior to commencing work. All work performed pursuant to a permit issued to a licensed contractor is the sole responsibility of that contractor and the contractor's license bond must pay all damages, costs, and expenses caused by failure to comply with the provisions of this chapter. No licensed contractor may allow any other person to do or cause to be done any work under a permit secured by said contractor except persons in his employ. Exemption. No license under this subchapter is required for the execution or performance of the following work: (1) Installation of communications systems, installations in recreational vehicles, and installations not covered by the Indiana electrical code (current National Electric Code); The performance of electrical work in a one-family dwelling by the owner-occupant of the dwelling; provided, however, that this exemption does not apply to any person hired by the owner-occupant for compensation to assist or to perform such electrical work on that dwelling, and that the applicant sign such waiver required by the building commission; and (3) The maintenance and servicing of an existing electrical system for the purpose of maintaining it in a safe operating condition in conformance with the provisions of this chapter. Application. Each applicant must apply to the board for a license at least 14 days before the next scheduled meeting date. The application must be in writing, verified under penalties for perjury, and must include: (1) The applicant's name, address, telephone number, and age; (2) The applicant's number of years of experience; (3) The applicant's present place of employment; 2 (4) Payment of $75.00 for Assessment Institute Test; (5) The applicant's statement that he/she is familiar with the Indiana Electric Code or the Indiana Mechanical Code; (6) The applicant's statement that he/she has, or has not, as the case may be, been convicted of a felony within the past five years; (7) The applicant's statement of whether or not he/she has ever had a judgment entered against him/her or a lawsuit settled against him/her or the firm where he/she worked for an amount in excess of $10,000; and (8) The applicant's acknowledgment that insurance is required before a license can be granted. (F) Insurance requirements. O) Each license holder actively employed for hire in the City and doing the work of his/her respective trade must, at the time application is made for renewal or licensing, provide the building commissioner with evidence of liability insurance for each occurrence in the amount of $100,000/$300,000 by an insurance company licensed to do business in the state. (2) The following exceptions to this requirement may be allowed: ¢) If the license holder is currendy employed by a firm that carries insurance on the individual, and he/she does not do work for hire in the City, he/she may retain his/her license by renewal, that license bearing an indication by the Office of the Building Commissioner that this individual may not obtain permits for work within the city limits without proof of insurance, except on the premises of the firm maintaining the insurance. O) If the license holder is currently not actively engaged in plying his/her trade but wishes to retain his/her license by renewal, that license bearing an indication by the Office of the Building Commissioner that this individual may not obtain permits for 3 work within the city limits without proof of insurance. (G) Examination. The examination procedure will be prescribed and administered by the Board of Mechanical Controls as established or modified during their quarterly meetings. (H) License renewal. (1) All license holders will receive a notice from the office of the Building Commissioner via U.S. Mail up to six weeks prior to the expiration of their license. (2) License holders must renew their license on or before February 2 of each year. Should a license holder fail to renew his/her license by that date, the license holder will incur a penalty of $30.00 so that the renewal fee will be $100.00. (3) Any license renexved after the February 2 deadline will be made effective retroactively to the previous February 2 renewal deadline. A license holder may renew his/her license up to three years following expiration so long as each of the previous year=-s renewal fees are paid prior to the expiration of the three year period. Any licensee who fails to renew his/her license within three years after its expiration must submit to the testing procedure outlined in Section G above, however, the examining board may, for good cause shown, waive such reexamination. Any work performed by a license holder who fails to renew his/her license in a timely fashion will be deemed in violation of this ordinance and one performing such work will become subject to the penalties outlined in Section 150.999 of this Code. (I) License fee. (1) The license fee is $70.00, payable on or before February 2 of the following year. (2) During the time an electrical inspector is employed by the City of Jeffersonville as a Code Enforcement Officer, the inspector's annual 4 licensing fee of $70.00 will be waived. The code Enforcement officer may not practice his/her respective trade during employment with the City. This Ordinance shall be in full force and effect from and after its passage and approval. Passed this /q day of ~ ,2000. Thomas R. Galliga~n ~/ Presiding Officer ATTEST: p eggY~-Wi~t~)r Clerk-Treasurer Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville this I q day of ~,T20_'e~vt~ x--, 2000. P}ggy~}~der Clerk-Treasurer This Ordinance approved and signed by me this . ~, 2000. /q day of Thomas R. Ga~iga~ 5 Bui'Mdng Code 27 (2) Should an emergency arise, any applicant may, at their own expense, take the same Assessment Institute Test (Master t~lectrical) at ~aines~J. le, Florida, under the testing f'n-m's auspices, or in any city where it is offered and the Board of Mechanical Controls shall accept the results of that examination for the purposes of issuing a license. (3) The City Building Commission will commence as of the effectivc date and the passage of ...... "' ........ tored b,, "Block and Associates" with a minimum this division to have all Assessment msutute ~u~ ~,~,~ ~ amount of slx applicants before the examination will be administered. (4) If the Board of Mechanical Controls does not have, the minimum am~unt__of~a,P~Pt~:ac~tt,s' e a licant has the choice of follovcmg the emergency clause, or pay an exzr. a ~u~, ,,~ . , 'Pmr~n~houn~PoP~ $100 to administer a special setting fee over and above the standarc~ exam cost. (5) An applicant for an electrical license shall subnut to an exammatton gwen hy the examining board or a representative. Such exarrg.nation shall he $85. This fee is a non-refundable fee and shall be, retained whether the applicant passes or fails the examination. (H) License renewal. All licenses shall be renewed on or before January 2 of each year. Should a license holder fail to renew his license within 60 days of that day (March 2), the Building Comm~sioner shall notify that individual by registered mail, return receipt requested, that he has 30 days in which to renew his license. However, the fee shall he $100 during that 30-day period. Should the licensee fail to renew his license during that period of time, he shall be required to pass the examination for license issuance; provided, however, that the examining board may, for good cause shown, waive such re- examination. (I) License fee. (1) The license fee shall be $70, payable on or before January 2 of the following year. This fee shall govern unless the license holder fails to obtain his license within the 60-day period set forth in division (H) above. (2) V¢hile any or ail electrical inspectors are employed by the city as a Code Enforcement Officer the anneal'fee of $70 shall be waived during their employment and a complementary license shall be issued as a benefit to maintain their license in a valid status. The Code Enforcement Officer is not to practice his respective trade during employment within the city. (Ord. 87-OR-53, passed 7-7-87', Am. Ord. 89-OR-29, passed 6-5-89; Am. Ord. 91-OR-2, passed 1-19-91; Am. Ord. 92-OR-23, passed 4-6-92) Penalty, see § 150.999 § 180.076 I-.IF~TINO AND AIR-CONDITIONI~G LICENSES. (A) Heating and air-conditioning license required. Ail heating, ventilating, and air-conditioning systems, equipment, apparatus, or devices, and all installations, alterations, and improvements shall conform to the Indiana Mechanical Code except one- and two-family dwellings, which are governed by the One and Two Family Dwelling Code adopted in § 150.004. The installation of all electrical equipment and wiring on connection with any heating, ventilating, or air-conditioning system, apparatus, or device, shall be in accordance with the requirements of the Indiana Electrical Code as already adopted. (B) Nontransferability and nonnegotiability. Any license issued under this subchapter may not he transferred, assigned, sold, or negotiated to another person. It shall be unlawful to transfer, assign, sell, 28 ]e/~sonv~ - L~.nd Usage er lean such license to the use of any other person, firm, or corporation to enable such person, f'n-m, or corporation to work on a job without obtaining the proper license or permit. (C) Issuance of penuits. It shall be the responsibility of licensed heating and air-conditioning contractors to secure permits required by the provisions of this chapter prior to commencing work. All work performed pursuant a permit issued to a licensed contractor shall be the sole responsibility of that contractor and the contractor's license bend shall pay all damages, costs, and expenses caused by negligence through failure to comply with the provisions of this chapter. No licensed contractor shall allow any other person to do or cause to be done any work under a permit secured by said contractor except persons in his employ. (D) Application. Each applicant shall apply in writing to the Board for a license at least 14 days before the next scheduled meeting date. The application shall include: (1) The applicant's name, address, telephone number, and age; (2) The applicant's number of years of experience; (3) The applicant's present place of employment; (4) Payment of $75 for the Assessment Institute Test; (5) Asking applicant if he is familiar w/th the Indiana Electric Code or the Indiana Mechanical Code; (6) Asking applicant if he has been convicted of a felony within past five years; (7) Asking applicant if a judgment has ever been entered against him or a lawsuit ever settled in which he or the f'L,'m where he worked for in an amount over $10,000; and (8) Informing applicant that insurance is required before a license can be granted. (E) insurance requirements. (1) Each license holder actively employed for hire in the city and doing work of his respective trade shall, at the time application is made for renewal or licensing, provide the Building Commissioner with evidence of liability insurance for each occurrence in the amount of $100,000/$300,000 by an insurance company licensed to do business in the state. (2) The following exceptions to this requirement may be allowed: ~ (a) If the license holder is currently employed by a firm that carries insurance on that individual and he does not do work for hire in the city, he may retain his license by renewal, that license being indicated by the ofi3ce of the Building Commissioner in sv. ch a manner that this individual shall not be allowed to obtain pen-nits for work within the city limits without proof of insurance, except on the premises of the f'mu maintaining the insurance. (b) If the license holder is currently not actively engaged in plying his trade but wishes to retain his license by renewal, that license shall be indicated by the office of the Building Commissioner Bul3dir~ Code 29 in such a manner that this individual shall not be allowed to obtain permits for work within the city limits without proof of insurance. (F) Examination. (1) The examinations will be given in the months of March, June, September and December. The examination in these areas shall be the Assessment Institute Test that the Board of Mechanical Controls sets forth as an appropriate examination. If any applicant has obtained a score on the Assessment Institute Test in any other city that is sufficient to meet the requirements of the Board of Mechanical Controls (70 percentile), that individual may obtain a license for that particular trade. (2) Should an emergency arise, any applicant may, at their own expense, take the same Assessment Institute Test Air Conditioning Class "A" (Also HARV "A") at Gainesville, Florida, under the testing firm's auspices, or in any city where it is offered and the Board of Mechanical Controls shall accept the result of that examination for the purposes of issuing a license. (3) it shall be noted that if the the (Mechanical Contractor's) exanfmation appears in any other area of this section, or prior city ordinances, whether repealed or not, it shall read Air Conditioning Class "A"' (Also HARV "A') examination. (4) The City Building Commission will commence as of the effective date and the passage of this section have all Assessment Institute Test proctored by "Block and Associates" with a minimum amount of six applicants before the examination will be administered. ($) If the Board of Mechanical Controls does not have the minimum amount of applicants present the applicant has the choice of following the emergency clause in the section, or pay an extra cost to the city in the amount of $100 to administer a special setting fee over and above the standard exam cost. (6) An appficant for a I-IVAC license shall submit to an examination given by the examining board or a representative. Such examination shall be $85. This fee is a non-refundable fee and shall be retaJ-ned whether the applicant passes or fails the examination. (O) License renewal. All licenses shall be renewed on or before January 9. of each year. Should a license holder fail to renew his license within 60 days of that day (March 2), the Building Commissioner shall notify that individual by registered mail, return receipt requested, that he has 30 days in which to renew his license. However, the fee shall be $100 during that 30-day period. Should the licensee fail to renew his license during that period of time, he shall be required to pass the examination for license issuance; provided, however, that the examining board may, for good cause shown, waive such examination. (H) License fee. (1) The license fee shall be $70, payable on or before January 2 of the following year. Ttgs fee shall govern unless the license holder fails to obtain his license within the 60-day period set forth in division (G) above. (2) While any or all heating and air conditioning inspectors are employed by the city as a Code Enforcement Officer the annual fee of $70 shall be waived during their employment and a complementary license shall be issued as a benefit to maintain their license in a valid status. The Code Enforcement Officer is not to practice his respective trade during employment within the city. (Ord. 87-OR-53, passed 7-7-87; Am. Ord. 89-OR-29, passed 6-5-89; Am. Ord. 91-OR-2, passed 1-19-91; Am. Ord. 92-OR-23, passed 4-6~92) Penalty, see § 150.999 § 150.0T/ I~.EGISTRATION OF PLUMBING CONTP~.CTORS. (A) All plumbing rules and regulations shall be in compliance with P.1. 248-1985 (H. 1123, approved April 16, 1985), enacted by the State General Assembly. (p/.,Ub~/NG' means the practice of, and the materials and fixtures used, in the installation, maintenance, extension, and alteration of all piping, fixtures, appliances, and appurtenances in connection with any structure within the city.) (B) While any or all plumbing inspectors are employed by the city as a Code Enforcement Officer the annual fee of $20 shall be waived during their employment and a complementai7 registration shall be issued as a benefit to maintain their registration in a valid status. The Code Enforcement Officer is not to practice his respective trade during employment within the city. (Ord. 87-OR-53, passed 7-7-87; Am. Ord. 89-OR-29, passed 6-5-89) Penalty, see § 150.999 wMF, G'X~g Burr, DING~ ~ STRUCTURES § 150.085 w~ECZINO PEItMIT REQUIRED. Before proceeding with the wrecking or tearing down of any building or structure, in whole or pan, a permit therefor shall first be obtained by the owner or his agent from the Building Commissioner, upon a form prescribed by his Department. It shall be unlawful to proceed with such work unless such permit has f~rst been obtained. (Ord. 87-OR-53, passed 7-7-87) Penalty, see § 150.999 § 1B0.086 LIABILITY FOR PROPERTY DAMAGE AND BODILY INIU'KY. All persons engaged in the demolition of a building or structure, including the property owner and his agent, shall be l~hle for any bodily injury or damage to public or private property occurring as a result of the demolition work. These persons shall indemnify and save harmless the city against any loss, damage, expense, claim, demand, action, judgment, or liabfiity of any kind whatsoever which may arise or result from the demolition work. Before any demolition permit is issued to any person, fnun, or corporation who offers to demolish a building or structure for another person or who engages in the business of demolition contracting, that person, fn'm, or corporation shall furnish to the Building Commissioner a certificate of insurance indicating the appropriate endorsement for wrecking or demolition work. The minimums of such insurance shall be as follows: Jeffe~sonv~le - L~nd Usage (E) Application. Each applicant shall apply in writing to the Board for a license at least 14 days before the next scheduled meeting date. The application shall include: (1) The applicant's name, address, telephone number, and age; (2) The applicant's number of years of experience; (3) The applicant's present place of employment; (4) Payment of $75 for Assessment Institute Test; (5) Asking applicant fi.he is familiar with the Indiana Electric Code or the Indiana Mechanical Code; (6) (?) in which he Asldug applicant fi. he has been convicted of a felony within past five years; Asking applicant fi. a judgment has ever been entered against him or a lawsuit ever settled or the f'nm where he worked for in an amount over $10,000; and (8) Informing applicant that insurance is required before a license can be granted. (F) Insurance requirements. (1) Each license holder actively employed for hire in the city and doing work of his respective trade shall, at the trine application is made for renewal or licensing, provide the Building Commissioner with evidence of liability insurance for each occurrence in the amount of $100,000/$300,000 by an insurance company licensed to do business in the state. (2) The following exceptions to this requirement may be allowed: (a) If the license holder is currently employed by a f'nm that carries insurance on that individual and he does not do work for hire in the city, he may retain his license by renewal, that license being indicated by the office of the Building Commissioner in such a manner that this individual shall not be allowed to obtain permits for work within the city limits without proof of insurance, except on the premises of the firm maintaining the insurance. (b) If the 1/cense holder is currently not actively engaged in plying his trade but wishes to retain his license by renewal, that license shall be indicated by the office of the Building Commissioner in such a manner that this individual shall not be allowed to obtain permits for work within the city limits without proof of insurance. Examination. (1) The examinations will be given in the months of March, June, September and December. The examination in the electrical field is the (Master Electrician) Assessment Institute Test that the Board of Mechanical Controls sets forth as an appropriate examination. If any applicant has obtained a score on the Assessment Institute Test in any other city, that is sufficient to meet the requirements of the Board of Mechanical Controls (70 percentile) that individual may obtain a license for that particular trade. (D) On the first Wednesday in February, May, August, and November the Board shall examine applicants for licenses, provided that any such applications are pending. The Board may also meet at the call of the Chairperson of the Board, and provide for examinations at other times. (E) The Board shall keep minutes of all meetings and a record of all licenses issued and shall adopt a printed manual of its rules and regulations for the conduct of meetings and examinations. (F) Five members of the Board shall constitute a quorum for the transaction of business, but any action taken at a meeting shall require the affirmative vote of at least four members. (G) No new license under this subchapter shall be issued without approval by the Board. (Ord. 87-OR-53, passed 7-7-87) § 180.078 ~r,RCTI~CJ~ (A) Electrical license required. All persons performing any installation, alteration, or repair of any electrical wiring, devices, panels, or equipment in the cffy, or within the senrice area of Public Service Indiana, shall be required to be licensed by the cffy as an electrical contractor or shall be in the employ of a licensed electrical contractor working under the supervision, direction, and responsibility of the licensed contractor. (B) Nontransferability and nonnegotiability. Any license issued under this subchapter may not be transferred, assigned, sold, or negotiated to another person. It shall be unlawful to transfer, assign, sell, or loan such license to the use of any other person, firr~ or corporation to enable such person, f'wm, or corporation to Work on a job without obtaining the proper license or permit. (C) Issuance of permits. It shall be the responsibility of licensed electrical contractors to secure permits required by the provisions of this chapter prior to commencing work. All work performed pursuant a permit issued to a licensed contractor shall be the sole responsibility of that contractor and the contractor's license bond shall pay all damages, costs, and expenses caused by negligence through failure to comply with the provisions of this chapter. No licensed contractor shall allow any other person to do or cause to be done any work under a permit secured by said contractor except persons in hfs employ. (D) Exemption. No license under this subchapter is required for the execution or performance of the following electrical work: (1) Installation of communications systems, installations in recreational vehicles, and installations not covered by the Indiana Electrical Code (current National Electric Code); (2) The performance of electrical work in a one-family dwelling by the owner-occupant of the dwelling; provided, however, that this exemption does not apply to any person hired by the owner- occupant for compensation to assist or to perform such electrical work on that dwelling, and that the applicant sign such waiver required by the Building Commission; and (3) The maintenance and servicing of an existing electrical system for the purpose of maintaining it in a safe operating condition in conformance with the provisions of th/s chapter.