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HomeMy WebLinkAbout06-107.doc MARCH 14, 2006 06-107 ORDINANCE FIRST READING (CARRIED_______ LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE:AMEND ELECTRICAL CODE PROVISIONS INITIATED BY:INSPECTIONS DIVISION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING SECTIONS 11-2, 11-3(B), 11-13(B), 11-19, 11-22, 11-24, 11-26, 11-27, 11-28, 11-29, 11-30, 11-31, 11-32, 11-33; CREATING 11-3(C), 11-13(C); AND REPEALING 11-25, 11-46 PERTAINING TO VARIOUS ELECTRICAL CODE PROVISIONS The Common Council of the City of Oshkosh does ordain as follows: SECTION 1.That Section 11-2 of the Oshkosh Municipal Code pertaining to the adoption of National and State Electrical Codes is hereby repealed and recreated to read as follows: SECTION 11-2NATIONAL AND STATE ELECTRICAL CODES ADOPTED. The provisions of Section 101.865(1) of the Wisconsin Statutes relating to the regulations of wiring, of Chapters PSC 114, of COMM 16 of the Wisconsin Administrative Code known as the "Wisconsin State Electrical Code including the adoption with modifications of the National Electric Code and the National Electric Safety Code, and of COMM 5.40 - COMM 5.45, COMM 5.62 and COMM 5.63 of the Wisconsin Administrative Code relating to electrical inspection and certification of electrical inspectors and master electricians, are adopted and fully incorporated into this Code by reference, except as to penalties contained therein. It is intended that all modifications, amendments, recodification and renumbering of the foregoing provisions as may occur from time to time shall likewise be immediately adopted and fully incorporated into this Code by reference. Any act prohibited by any of the foregoing provisions is prohibited by this Municipal Code. In the event that any of the provisions of this code, whether incorporated by reference or enumerated hereinafter, are in conflict, it is intended that the more restrictive provisions shall be applicable and enforced. MARCH 14, 2006 06-107 ORDINANCE FIRST READING CONT’D SECTION 2.That Section 11-3(B) of the Oshkosh Municipal Code pertaining to the Scope of the Electrical Code Provisions is hereby repealed and 11-3(B) and (C) are hereby created to read as follows: SECTION 11-3 Scope of Provisions (B) Exceptions The License, Permit and Inspection provisions of this Chapter will not apply to the following: (1) Installations described in 90-2(b) of the National Electric Code. (2) Any work involved in the manufacturing or testing of electrical equipment or apparatus. (3) Any work associated with: (a) The repair of plug connected electrical appliances or devices. (b) Permanently connected electrical appliances or devices which have been electrically and mechanically disconnected and separated from all sources of electrical supply by an electrical licensee. The opening of switches or the blowing or removal of fuses shall not be considered as electrical or mechanical disconnections or separation. (4) Manufacturing machinery and specific processing equipment as defined in ss 70.11(27). (C) The License provisions of this Chapter will not apply to the following: (1) Low Voltage installations. SECTION 3.That Section 11-13(B) of the Oshkosh Municipal Code pertaining to the requirement for inspection of electrical installations prior to concealment is hereby repealed and 11-13(B) and (C) are hereby created to read as follows: MARCH 14, 2006 06-107 ORDINANCE FIRST READING CONT’D SECTION 11-13INSPECTION PROCEDURE. (B)Inspection of Electrical Equipment When any electrical equipment requiring a permit is to be concealed by the placement of parts of the building (including removable wall or ceiling panels) or parts of the equipment, the electrical equipment shall not be concealed by any authority until it has been inspected and approved by the Electrical Inspector, unless otherwise approved by the Electrical Inspector. On installations where concealment of electrical equipment proceeds continuously, the licensee or other authorized person installing the electrical equipment shall give the Electrical Inspector due notice and inspection shall be made periodically during the progress of the work. (C) When the installation is ready for inspection, the contractor, owner or agent shall make such arrangements as necessary to enable the inspector to inspect all parts of the electrical system. SECTION 4.That Section 11-19 of the Oshkosh Municipal Code pertaining to the Electrical License and Examining Board is hereby repealed and recreated to read as follows: SECTION 11-19ELECTRICAL LICENSE AND EXAMINING BOARD. (A)Creation of the Board An Electrical License Board hereafter referred to as the Board is hereby created for the purpose of considering the eligibility and suitability (electrical fitness) of applicants who desire to qualify as maintenance elec- tricians, to conduct hearings for persons against whom complaints or charges or malpractice have been referred and any other activity pertinent to Board work. (B)No-Compensation Members of the Board shall receive no compensation for Board work but any expense incurred in Board activity shall be provided for. (C)Legal Advisor The City Attorney shall act as legal advisor for the Board. MARCH 14, 2006 06-107 ORDINANCE FIRST READING CONT’D (D)Composition The Board shall consist of a designee of the Division of Inspection Services who shall act as Advisor, and five (5) members to be appointed by the Mayor and who shall be contractors who are licensed master electricians who shall be appointed to three year terms. (1) For purposes of establishing staggering terms of appointment, the initial appointments made after the adoption of this code shall consist of three members being appointed for three-year terms and two members being appointed for two-year terms. SECTION 5.That Section 11-22 of the Oshkosh Municipal Code pertaining to Licenses and Certificates for Electricians Required is hereby repealed and recreated to read as follows: SECTION 11-22LICENSES AND CERTIFICATES FOR ELECTRICIANS REQUIRED. No person or business shall install, alter, repair, remove, renew, replace, disturb, connect, disconnect or maintain any electrical equipment or accept any payments therefor in the City without first having procured a City of Oshkosh license and/or certificate as hereinafter provided, except as follows: (A) Any person who is performing such work as a qualified employee of and for the holder of Type C Contractor License shall hold a City of Oshkosh or State of Wisconsin Master or Journeyman Certificate. Persons employed by a City of Oshkosh licensed contractor and registered as Apprentices or Beginning Electricians and working as provided in 11-26(D) & (E) are exempt from this section. (B) Any person who is performing such work as a qualified employee of and for the holder of a Type M (Industrial Maintenance License) while working under the supervision of a Class 2 Certificate holder. (C) Any persons performing work on electrical equipment exempt by Section 11-3(B) or (C). (D) Any person may wire his residence and auxiliary building solely associated with residential purposes, provided, said residence and MARCH 14, 2006 06-107 ORDINANCE FIRST READING CONT’D auxiliary buildings are owned and to be occupied, or are occupied as his home, and that said residence or auxiliary buildings being so wired are not being erected for rental purpose or for resale to present or prospective purchasers and that said owner is capable of (as determined by the Electrical Inspector) and shall perform said work himself with no help from other than members of his immediate family. Any person so privileged will be required to sign a stipulation subscribing to the terms herewith set forth. Refusal to sign such a stipulation shall be sufficient grounds for the Electrical Inspector to deny a permit to the person so refusing. SECTION 6.That Section 11-24 of the Oshkosh Municipal Code pertaining to application for certificates and fees is hereby repealed and recreated to read as follows: SECTION 11-24APPLICATION FOR CERTIFICATES AND FEES. All applications for Class 2 Maintenance Electrician's Certificates shall be made to the Electrical Inspector on forms furnished for such purpose and shall thereafter be referred to the Board. Each applicant shall pay a $25 Application Review Fee when submitting an application. Such applications shall be subject to review and approval or disapproval by the Board, and before any applicant is permitted to take the examination, the applicant shall pay a fee of Twenty Dollars ($25.00) for each examination. Upon successful completion of the examination, the applicant shall pay One Hundred Dollars ($100.00) for the initial 3-year certificate. SECTION 7.That Section 11-25 of the Oshkosh Municipal Code pertaining to Applicants for Class 1 Certificates is hereby repealed. SECTION 8.That Section 11-26 of the Oshkosh Municipal Code pertaining to applicants for Class 2 and Class 3 Certificates is hereby repealed and recreated to read as follows: SECTION 11-26CLASS 2 APPLICANT & ELECTRICIAN QUALIFICATIONS. (A) Applicants for Class 2 certificates shall have such necessary experience as determined by the Board. (B) After examination the Board shall certify the names of eligible applicants to the Electrical Inspector who shall thereupon issue Class 2 certificates. MARCH 14, 2006 06-107 ORDINANCE FIRST READING CONT’D (C) Class 3 journeyman electricians' certificate of qualification shall not be required by electricians recognized as such in any City of the first or second class and who, while working in the City, are in the employ of any person, firm or corporation operating as an electric contractor in other than the City but who has taken out a City Type C license. (D) Persons engaged as apprentice electricians may be indentured to the State apprenticeship program in accordance with Chapter 106.01 of the Statutes of the State of Wisconsin. All apprentices or others engaged in the learning of the electrical trade (hereafter referred to as trainees) and working for the holder of a Class 1 Master electricians certificate or a State of Wisconsin Certificate holder shall register as such with the Division of Inspection Services. Said registered apprentices shall work under the supervision of a City of Oshkosh or State of Wisconsin Master Electrician or Journeyman Electrician certificate holder. (E) Ratio: 2 apprentices or trainees to work with one recognized Journeyman Electrician or Master Electrician. SECTION 9.That Section 11-27 of the Oshkosh Municipal Code pertaining to application for Type C Electrical Contractors’ License is hereby repealed and recreated to read as follows: SECTION 11-27APPLICATION FOR TYPE C AND LVC ELECTRICAL CONTRACTOR’S LICENSE. All applications for Type C Electrical Contractors' License shall be made to the Electrical Inspector on forms furnished for such purpose. (A) Applicants for a Type C (electrical contractor's) license and renewals thereof shall submit an affidavit to the effect that a person holding a Class 1 (master electricians') certificate or a State of Wisconsin certificate, will be a bona fide full time employee and that such certificate holder (master electrician or State of Wisconsin Master Certificate) will have complete and unquestionable authority and supervision over all matters regulated by this Chapter. Such applications shall be reviewed by the Division of Inspection Services for approval or disapproval. In cases of approvals the Division shall issue Type C (electrical contractors') licenses permitting such business concerns to install, alter, repair, remove, renew, replace, disturb, connect, disconnect, or maintain any electrical equipment in the City and accept payment therefor. In the cases of disapproval the Division shall forward correspondence indicating such. MARCH 14, 2006 06-107 ORDINANCE FIRST READING CONT’D (B) Insurance. Each contractor must file a copy of insurance in force. Copy shall be provided when applying for or renewing a contractor license. Each contractor shall maintain public liability insurance, including products-completed operations, with bodily injury and property damage limits of at least $1,000,000 per occurrence and $1,000,000 aggregate. Each contractor shall also provide evidence of compliance with the worker's compensation requirements and unemployment compensation requirements. All insurers shall send a copy of any notification of termination to the Inspection Services Division. Such notice of cancellation or reduction of insurance shall automatically suspend the contractor's license and no further permits shall be issued until a new insurance certificate has been filed with the Division. (C)Fee. Before such license is granted to an applicant, the applicant shall pay a fee of One Hundred Dollars ($100.00) for an original license and thereafter a renewal fee of Seventy Five Dollars ($75.00). SECTION 10.That Section 11-28(A) of the Oshkosh Municipal Code pertaining to Application for Type M Electrical Maintenance License is hereby repealed and recreated to read as follows: SECTION 11-28APPLICATION FOR TYPE M ELECTRICAL MAINTENANCE LICENSE. (A) Qualification A Type M (electrical maintenance) license will be granted to any applicant conducting an industrial or commercial business in the City and which has in its employ a qualified electrical maintenance electrician holding a City of Oshkosh Class 2 certificate, City of Oshkosh Class 1 certificate or State of Wisconsin Master Electrician Certificate. The granting of this license will be conditioned upon submission of an application accompanied by a properly executed affidavit from an authorized representative of the applicant, to the effect that an aforementioned certificate holder will be a full time employee, and have complete supervision over the electrical installation, maintenance and repair work on the premises of the applicant. SECTION 11.That Section 11-29 of the Oshkosh Municipal Code pertaining to the prohibition of Dual Licenses is hereby repealed and recreated to read as follows: MARCH 14, 2006 06-107 ORDINANCE FIRST READING CONT’D SECTION 11-29DUAL LICENSE PROHIBITED. No holder of a Class 1 (master electrician) or State of Wisconsin Master Certificate or Class 2 (maintenance electrician) certificate shall be named on more than one (1) electrical license at the same time. Exception: Where a Master Electrician is named as the full time employee of an applicant for the purposes of securing a Type M license, said Master Electrician may secure a Type C License subject to the following conditions: 1. All work performed in the City of Oshkosh shall be supervised in person by the Master Electrician while being installed. SECTION 12.That Section 11-30 of the Oshkosh Municipal Code pertaining to Application for Type S Licenses is hereby repealed and recreated to read as follows: SECTION 11-30APPLICATION FOR TYPE S LICENSE. (A)When Required Type S license shall be mandatory for any person, firm or corporation desiring to engage, or who is at present engaged, in the business of manufacturing, fabricating, assembling, repairing, maintaining, remodeling, wiring, rewiring or installing electrically operated or illuminated signs, and decorative or utility gas tube lighting, commonly referred to as neon. (B) Insurance. Each contractor must file a copy of insurance in force. Copy shall be provided when applying for the contractor license. Each contractor shall maintain public liability insurance, including products-completed operations, with bodily injury and property damage limits of at least $1,000,000 per occurrence and $1,000,000 aggregate. Each contractor shall also provide evidence of compliance with the worker's compensation requirements and unemployment compensation requirements. MARCH 14, 2006 06-107 ORDINANCE FIRST READING CONT’D All insures shall send a copy of any notification of termination to the Inspection Services Division. Such notice of cancellation or reduction of insurance shall automatically suspend the contractor's license and no further permits shall be issued until a new insurance certificate has been filed with the Division. (C)Fees Before such license is granted to an applicant, the applicant shall pay a fee of One Hundred Dollars ($100.00) for an original license and thereafter a renewal fee of Seventy-five Dollars ($75.00). (D)Restrictions On Class S License A Class S license holder shall be permitted to install outside and inside electric signs and outside or inside decorative or outline lighting but shall not be permitted to connect any sign, decorative, or outline lighting to the supply wires. SECTION 13.That Section 11-31(D) of the Oshkosh Municipal Code pertaining to the Provisions Applicable to all Electrical Licenses is hereby repealed and recreated to read as follows: SECTION 11-31PROVISIONS APPLICABLE TO ALL ELECTRICAL CERTIFICATES. (D)Certificates Valid for Three (3) Years All City of Oshkosh Class 2 certificates, and those City of Oshkosh Class 1 and Class 3 Certificates which were in effect on the effective date of this ordinance (insert date,) shall be issued for a period of three (3) years and shall thereafter automatically expire. Such certificates shall be renewed every three (3) years on or before the date of expiration upon written request of the certificate holder, unless due to extenuating circumstances the time limit is extended by the Board. There will be a charge of Seventy- five Dollars ($75.00) per renewal. (1) All renewals of City of Oshkosh Class 1, 2 and 3 Certificates shall be contingent upon the completion of at least 18 hours of acceptable continuing education within each 3 year certification period. Acceptable continuing education shall be those classes recognized by the State of Wisconsin or the City of Oshkosh Electrical License and Examining Board. MARCH 14, 2006 06-107 ORDINANCE FIRST READING CONT’D Continuing education classes shall only qualify for credit towards the required 18 hours if the class was not a duplication of a previously attended class within the previous 12 months. It shall be the Certificate Holder's responsibility to provide proof of attendance when renewing the Certificate. (2) A person who holds a City of Oshkosh Class 1, 2 or 3 Certificate may apply to the Electrical Licensing and Examining Board for a waiver of the continuing education requirements on the grounds of prolonged illness or disability or similar circumstances. Each application for waiver shall be considered individually on its own merits. (3) Any person whose request to renew their City of Oshkosh Class 1 or 3 Certificate is denied because of a failure to fulfill the continuing education requirements shall be required to secure the Master or Journeyman Certification through the processes provided by the State of Wisconsin or may file an appeal to the Electrical License and Examining Board. (4) Any person whose request to renew their City of Oshkosh Class 2 Certificate is denied because of a failure to fulfill the continuing education requirements shall be required to take and pass the City of Oshkosh Class 2 examination in order to reacquire the Class 2 Certificate or may file an appeal to the Electrical License and Examining Board. (5) A person may renew his or her City of Oshkosh Certificate no later than one term after the expiration of the certification upon filing the renewal application, submittal of a $25 processing fee (in addition to the Certificate renewal fee) and submittal of the necessary documentation showing compliance with the continuing education requirements described in 11-31(D)(1). Said continuing education shall be obtained within the 3 year period preceding the renewal application. SECTION 14.That Section 11-32 of the Oshkosh Municipal Code pertaining to Permits for Electrical Work Required is hereby repealed and recreated to read as follows: SECTION 11-32PERMITS FOR ELECTRICAL WORK REQUIRED. Except as provided in Section 11-3(B), no electrical equipment shall be installed, altered, renewed, replaced or connected without first procuring a permit therefor, providing, however, that in emergency cases or special MARCH 14, 2006 06-107 ORDINANCE FIRST READING CONT’D situations wherein the nature or extent of a job is indefinite, the permit application may be temporarily withheld, but the Division of Inspection Services must be notified of this situation as soon thereafter as possible. Exceptions: 1. Low Voltage Installations in 1 & 2 Family Dwellings shall not require a permit. 2. Reconnection of existing power supplies to replacement heating plants, water heaters and other appliances. 3. Minor installations and alterations which are less than $300 in Fair Market Value do not require a permit. Fair Market Value is defined as the value of the material and labor to perform the work as if the materials are purchased new and labor is being performed by a Licensed Contractor. 4. No permit shall be required for the repair, removal, disturbance or disconnection of any existing electrical equipment or the renewal or replacement of any existing branch lighting circuit switches, sockets, or receptacles. SECTION 15.That Section 11-33 of the Oshkosh Municipal Code pertaining to Application for Permits is hereby repealed and recreated to read as follows: SECTION 11-33APPLICATION FOR PERMITS. Any holder of a Type C, M or S license desiring a permit as required by this Chapter shall file with the Electrical Inspector an application for such permit in writing on a form furnished for such purpose. Such application shall describe and enumerate the electrical equipment to be installed and shall give other reasonable information as may be required by the Division of Inspection Services and when required shall be accompanied by further information as regulated in Section 11-40. SECTION 16.That Section 11-46 of the Oshkosh Municipal Code pertaining to Installation Requirements is hereby repealed. SECTION 17. This ordinance shall be in full force and effect from and after its passage and publication.