O-1247-5-94ORDINANCE NO. 1247-5-94
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
REPEALING ORDINANCE NO. 318, CREATING A PROCESS FOR THE
REGISTRATION AND LICENSING OF ELECTRICIANS; ORDAINING
OTHER MATTERS ON THE SUBJECT; PROVIDING RULES AND
REGULATIONS PERTAINING TO THE REGISTRATION AND LICENSING
PROCESS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Building Official has reviewed the policies and procedures of the City of Allen,
Texas, regarding electrical work done within the City by electricians; and,
WHEREAS, the Building Official is of the opinion that electricians who desire to do work in the
City of Allen, Texas, should be required to register and obtain a license therefore; and,
WHEREAS, the Building Official further recommends that the City of Allen, Texas, create a method
and process for the registering and licensing of electricians; and,
WHEREAS, the Building Official is of the opinion that the proposed ordinance will provide
uniformity while easing the burden of the City to schedule, administer, and grade electrical
examinations; and,
WHEREAS, the City Council hasreviewed the recommendations of the Building Official and
concurs with the proposed ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS, THAT:
SECTION I: from and after the effective date of this ordinance, there is hereby adopted by the City
of Allen, Texas, for the purpose of establishing rules and regulations for the registration and licensing
of electricians, the following, to -wit:
CHAPTER 1
Title
Section 1-1: This division shall be known as "The Electrician Licensing Ordinance"
CHAPTER
Examinations
Section 2-1: Scheduling;Administering; Grading:
(a) Any applicant for an electrical license of any classification shall pass an
examination as a condition precedent to the issuance of such license. Such
examination shall be administered by an approved testing agency through the North
Central Texas Council of Governments (NCTCOG).
(b) License from other cities: An electrician holding a current valid license in
another city may apply for and receive a similar license in this City without taking
an examination, provided the following conditions are complied with:
(1) The applicant shall show that the current valid license referred to above
was issued by a city having a licensing ordinance adopted in
accordance with the National Electrical Code, and is being enforced.
(2) The electrician shall submit evidence that he or she has passed an
electrical licensing examination, based on the National Electrical Code,
from such city as in condition (1) above.
(3) The electrician receiving a license under this provision must pay a
license fee and comply with all other requirements under this section.
(4) Where the licensing ordinance of another city has been examined and
the licensing procedure approved by the Building Official or his or her
designee under subparagraph (1) above, the Director of Community
Development or his or her assistant may issue to the applicant an
electrical license, provided such city permits electricians from Allen to
obtain electrician's licenses under procedures similar to the above; and
further provided that electrician examinations of those cities are
reviewed by the Director of Community Development or the Building
Official to determine if said examinations are comparable to the North
Central Texas Council of Governments examinations.
(5) Upon confirmation of the fact that the applicant has passed the NCTCOG
examination and that he or she has given satisfactory references and paid the required
fees, the Building Official shall authorize the issuance of a license. In the event
inquiries of the applicant's references and investigation of past experience record does
not result in satisfying the Director of Community Development or his or her designee
as to the qualifications of the applicant, a satisfactory explanation and further
references may be required of the applicant. Upon failure to obtain the approval of
the Director of Community Development or his or her designee by the furnishing of
satisfactory references and satisfactory explanation of any items in past experience
record, or upon failure to pass the NCTCOG examination, the Director of Community
Ordinance No. 1247-5-94 Page2
Development or his or her designee shall deny or revoke the license and notify the
applicant accordingly.
CHAPTER 3
License Suspensions
Section 3-1: Suspension or Revocation of Rights:
(a) The City Manager or his or her designee shall have the power to suspend or
revoke the license of any electrician who is found guilty of:
(1) The practice of fraud or deceit in obtaining such license.
(2) Taking out electrical permits in the name of some person authorized by
law to do electrical work and thereafter permitting a person without a
proper license to do the work.
(3) Any gross negligence, incompetency or misconduct in the performance
of electrical work within the jurisdiction of the City under this section.
(b) In determining any such charges, the City Manager or his or her
designee shall proceed upon sworn information furnished it by an
official of the City or by some person aggrieved by the action of an
electrician in the performance of electrical work for which an electrical
permit is required by the electrical code. Such information shall be in
writing and shall be duly verified by the person familiar with the facts
therein charged. The City Manager or his or her designee, if it deems
the information sufficient to support further action on it's part, shall
make an order setting the charges therein contained for hearing at a
specified time and place, and with the advice of the City Attorney,
shall cause a copy of the City Manager's or his or her designee order
and the information to be served upon the accused by registered mail
at least thirty (30) days before the date appointed in the order for the
hearing. The accused may appear in person or by counsel, or both, at
the time and place named in the order and make his or her defense to
the same. The City Attorney shall provide counsel to the City
Manager or his or her designee. If the accused fails or refuses to
appear, the City Manager or his or her designee may proceed to hear
and determine the charge in his or her absence. If the accused pleads
guilty, or of, upon a hearing of the charge, the City Manager or his or
her designee shall find any of the charges to be true, it may enter an
order suspending or revoking the license of such electrician.
Ordinance No. 1247-5-94 Page3
(c) When the City Manager or his or her designee has completed such
hearing, it shall cause a record of its findings to be filed with the City
Secretary and shall cause a certified copy to be forwarded to the
accused.
(d) It shall be unlawful for any person whose rights under a license have
been suspended or revoked by the City Manager or his or her designee
to engage in or do electrical work for which a permit is required by the
electrical code.
(e) The City Manager or his or her designee shall, in reciting its decision
(subparagraph (c) above), make provision for reinstatement based upon
written notice by the City Manager or his or her designee at the
expiration of a specified period, or by the suspended person
satisfactorily passing an examination given for the same grade of
electrician from which he or she was suspended. Such order of
reinstatement shall be filed as a part of the record and a copy shall be
made and given or mailed to the person so reinstated.
Section 3-2: Review of Grievances:
It shall be the duty of the City Manager or his or her designee to conduct reviews of
grievances, make investigations and render decisions in keeping with their findings.
Chapter 4
License Required
Section 4-1: It shall be unlawful for any person to engage in the business of
installing, maintaining, altering or repairing any wiring, fixtures or equipment used for
the conducting of electricity for which a permit is required by ordinance, or for any
person, firm or corporation in any manner to undertake to execute such work unless
such person, firm or corporation is the holder of a license as required herein.
Section 4-2: Method of licenses:
(a) Filing Application: To secure a license as a qualified and competent
electrician in any of the classes set out in this Ordinance, an
application shall be made in writing and addressed to the Building
Official. The application shall show the applicant's name and address,
and such other information as may be required, and shall be made out
on forms available in the office of the Code Enforcement Division of
the Department of Community Development.
(b) Filing Affidavit by Contractor: In addition to submitting a properly
executed application, the applicant, if of contractual status, shall file
Ordinance No. 1247-5-94 Page4
with the application an affidavit setting forth the name of the person
who is the owner of the business, the address of the place of business,
or if the business is a firm, partnership or corporation, the names of
officers who own or operate the business, their addresses, the address
of the business, name, address and certification of bonding company,
and the name and address of the person who shall be responsible for
the conduct and in charge of the business for all work done. The
applicant shall further state the method of supervision of work to be
contracted by the firm and the name of the licensed electrician who is
legally proficient as specified in this section who shall be responsible
for the actual installation, repair and/or maintenance of electrical
conductors and equipment which is to be carried on by the person, firm
or corporation.
(c) Master Electrician: An applicant for a license as master electrician
shall file with the application an affidavit setting forth that such
applicant has had not less than five (5) years experience in the
installation, alteration, and repair of electrical equipment and
conductors, or equally qualifying experience for at least five (5) years.
(d) Master Sign Electrician: If the applicant desires to do work in
electrical sign installation, repair and/or maintenance, he or she shall
pass a special examination administered by an approved testing agency
through the North Central Texas Council of Governments. Such
applicant shall file with the application an affidavit setting forth that
such applicant has had not less than five (5) years of experience in the
installation, alteration, and repair of electrical signs, or equally
qualifying experience for at least five (5) years. Applicant shall be
examined for sign work only.
(e) Journeyman Electrician: An applicant for a journeyman electrician
license shall meet either one of the following requirements:
(1) The applicant shall have not less than four (4) years
experience as an electrician's helper or apprentice
electrician; or,
(2) The applicant shall have not less than three (3) years
experience as an electrician's helper or apprentice, and
shall have successfully completed a course related to the
electrician trade at a college or vocational school or in
an apprenticeship program.
Said applicant shall be required to file an affidavit in the Building
Official's office certifying that the foregoing requirements have been
fully complied with and further stating that said applicant shall perform
electrical work in the City of Allen in accordance with the City of
Ordinance No. 1247-5-94 page5
Allen Electrical Codes and Ordinances; that said applicant shall
perform work only under the supervision of the holder of a Master
Electrician License, or Master Sign Electrician License, and that said
applicant shall not independently engage in the business of contracting
such electrical work.
(f) Journeyman Sign Electrician: An applicant for license under this
classification shall file with the application an affidavit setting forth
that he or she has had not less than two (2) years' experience as an
electrician's helper or apprentice electrician. The applicant shall make
in his or her application affidavit a statement that he will engage only
in the employ of or under the supervision of a master sign electrician,
that he or she shall install all installation, alteration and repair of
equipment in accordance with the Electrical Code and that he or she
will not engage in the business of contracting such electrical work.
(g) Residential Wireman: An applicant for license under this
classification shall have not less than four (4) years' experience as an
electricians helper or electrician's apprentice specializing in the
electrical installation, alteration or repair of residences. Said applicant
shall be required to file an affidavit in the Building Official's office
certifying that the foregoing requirements have been fully complied
with and further stating that said applicant shall perform electrical work
in the City of Allen in accordance with the City of Allen Electrical
Codes and Ordinances, that said applicant shall perform work only
under the supervision of the holder of a Master Electrician License,
and that said applicant shall not independently engage in the business
of contracting such electrical work.
(h) Maintenance Electrician: An applicant for registration as
maintenance electrician shall file with the application an affidavit
setting forth that he or she has had not less than two (2) years of
experience in electrical maintenance under a person who was a licensed
electrician or has held at least a Journeyman Electrician's License for
a period of not less than twelve (12) months. Applicant shall file with
his or her application a letter bearing the signature of the person by
whom he or she is regularly employed and the address of the place of
employment, or shall state that he or she intends to do work under this
classification and will furnish the Chief Electrical Inspector of such
change of employment during the life of his or license. Applicant shall
pass an examination administered by an approved testing agency
through the North Central Texas Council of Governments for this
classification of license.
(i) Elevator Electrician: An applicant for license under this classification
shall file with the application an affidavit setting forth that he has had
not less than two (2) years experience as an electrician's helper or
Ordinance No. 1247-5-94 Page6
apprentice electrician specializing in the electrical installation,
alteration or repair of elevators. Applicant shall make in his or her
application affidavit a statement that he or she will engage only in the
employ of or under the supervision of a master electrician, and that he
or she shall install all installation, alteration and repair of equipment
in accordance with the Electrical Code and that he will not
independently engage in the business of contracting such electrical
work.
Chapter 5
Electrical Contractors
Section 5-1: Place of business: Every electrical contractor must employ a master
electrician. Every electrical contractor must have and maintain an established place
of business and shall have a telephone to receive messages from the electrical
inspection department of the City or other persons concerned during regular business
hours. Each electrical contractor engaged in the installation or repair of electrical
wiring shall have the firm name conspicuously displayed on all trucks used by the
firm in the transaction of business.
Chapter 6
Miscellaneous
Section 6-1: Misrepresentation: It shall be unlawful for any person to falsely
represent himself or herself as a licensed electrician of any class set forth in this
Ordinance or to use the words electrical contractor, master electrician, electrician, or
words of similar import or meaning, on signs, cards, stationery, or by any other
manner whatsoever, unless said person is properly licensed within the meaning of the
word used as provided in this Ordinance.
Section 6-2: Classification of Licenses: There shall be eight (8) classes of licenses
which shall be known as follows:
(1) Electrical Contractor
(2) Master Electrician
(3) Master Sign Electrician
(4) Journeyman Electrician
(5) Journeyman Sign Electrician
(6) Residential Wireman
Ordinance No. 1247-5-94 Pagel
(7) Maintenance Electrician
(8) Elevator Electrician
Section 6-3: Supervision of and Responsibility for Work: In the actual work of
installing, maintaining, altering or repairing any electrical conductors or equipment for
which a permit is required by Ordinance, there shall be present and in direct
supervision a qualified electrician of the proper classification. It shall be required that
an electrician of the classification of the first two (2) grades as listed in Section 6-2
above shall be liable and responsible for layout and technical supervision of any work
which has required the securing of permits, and a journeyman or higher classified
grade electrician shall be in direct "on the job" supervision of work carried on as
specified herein, except in work falling under the classification of sign work, which
work shall be performed by or directly supervised by the person holding such license
or a journeyman particularly qualified in such branch of electrical work. Work of a
residential nature may be supervised by a Residential Wireman Licensed under this
Ordinance. Should it come to the notice of the Building Official or his or her
assistant that such supervision and control are not being maintained, in addition to the
filing of a complaint in the Municipal Court for such violation, the inspector may
order the to be discontinued and the person, firm or corporation to whom the permit
has been issued shall discontinue further work until approval of the Building Official
or his or her assistant that proper supervision has been employed or supplied; provided
further, nothing herein shall be construed as prohibiting the employment of apprentices
assisting a person duly licensed and qualified under the provisions of this Ordinance.
Section 6-4: Electrician License fees: The fees covering licensing of qualified
electricians of all classes shall be paid to the City when application is submitted. The
license fee shall be paid to the Code Enforcement Division of the Department of
Community Development before the issuance of a license and only after the applicant
has been approved.
(a) Annual renewal of licenses shall be accomplished by issuance of a
license signed by the Building Official or his or her assistant issued
upon payment, extending the validity of such license for one (1) year
from the date of issuance.
(b) Electrician's license fees, by classification, are as follows:
Classification License Fee
(1) Electrical Contractor $75.00
(2) Master Electrician $25.00
(3) Master Sign Electrician $25.00
(4) Journeyman Electrician $10.00
Ordinance No. 1247-5-94 page8
(5) Journeyman Sign Electrician $10.00
(6) Residential Wireman $10.00
(7) Maintenance Electrician $10.00
(8) Elevator Electrician $10.00
Section 6-5: License -Expiration and Reinstatement
(a) The license as issued shall bear the signature of the Building Official
and/or the Chief Electrical Inspector and shall be issued only after the
applicant or licensee has paid to the City the required annual license
fee for his or her classification as set forth in this Ordinance.
(b) A license issued under this Ordinance shall expire one (1) year from
the date of issuance, and unless renewed, the holder shall be deemed
unlicensed under the provisions of this Ordinance; provided, however,
reinstatement and renewal can be done by payment of the annual fee
within six (6) months, or where the license holder has secured the
license by examination, by payment of twice the annual fee within two
(2) years of the date of expiration. Failure to secure reinstatement and
renewal within two (2) years from the expiration date shall require a
new application and examination or proof of license classification by
an approved testing agency through NCTCOG.
(c) Should the holder of a license take up another occupation or otherwise
indicate that he or she has abandoned his or her occupation as
classified by this Ordinance, even though he or she may apply for a
license each year, he or she shall be examined or submit proof of
examination every two (2) years to maintain his or her license.
Section 6-6: Lost or Destroyed License: Licenses lost or destroyed during the year
for which they are issued shall be reissued by the Building Official or Chief Electrical
Inspector, provided satisfactory evidence has been presented by the licensee of such
loss or destruction and provided the licensee pay to the City the sum of Three Dollars
($3.00) for each such duplicate license.
Section 6-7: Termination of License; Refund: Refunds shall never be given for
the unexpired portion of the annual license period.
Section 6-8: License not Transferable: It shall be unlawful for any person to lend,
rent or transfer his or her license or any rights to any other person or for any person
to make use of such rights which are not actually his or her own.
Section 6-9: Altering or Amending License: It shall be unlawful for any person
other than the Building Official or Chief Electrical Inspector, at the direction of the
Ordinance No. 1247-5-94 Page9
Director of Community Development, to alter or amend in any manner any license as
set forth herein.
Section 6-10: Exhibit or Display of License: It shall be required that all
electricians fittingly display their license as provided herein:
(a) Every holder of a license as an electrical contractor shall display his or
her license in a conspicuous place in his or her principle place of
business.
(b) Every holder of a license shall carry his or her license on his or her
person at all times while doing electrical work and shall produce and
exhibit it when required by any electrical inspector or official of the
City.
Section 6-11: Exceptions from License Requirements: The following classes of
work may be carried out by persons who are not licensed electricians.
(a) The replacement of lamps or fuses and the connection of portable
devices to suitable receptacles which have been permanently installed.
(b) The installation, alteration or repairing of any wiring devices or
equipment in accordance with Article 720 and Article 725 of the
National Electrical Code.
(c) The installation, alteration or repair of electrical wiring, devices,
appliances and equipment installed by or for an electrical public service
corporation, including cable television, operating under a franchise
from the City when for the use of such corporation in generation,
transmission, distribution or metering of the electrical energy, or for the
use of such a corporation in the operation of street railway signals.
(d) The installation, alteration, or repair of electrical wiring, devices,
appliances and equipment installed by or for the State or Federal
Government in connection with construction or repair of buildings
used, owned and located on property owned by said State or Federal
Government. Nothing herein shall be construed as a waiver on the part
of the City of any inspection fee or other fee for services that the City
may lawfully collect.
(e) The installation, alteration, or repair of electrical wiring, devices and
appliances in a person's home may be performed by the homeowner.
Nothing herein shall be construed as a waiver on the part of the City
of any other fees that the City may lawfully collect.
SECTION II: It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause,
Ordinance No. 1247-5-94 Page10
or section of this ordinance shall be declared unconstitutional or invalid by any judgement or decree
of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any
remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council
hereby declares that it would have passed the remaining portions even though it had known the
affected parts would be held unconstitutional.
SECTION III: Any person, parties in interest, or corporation who shall violate the provisions of
this ordinance or fail to comply therewith or with any of the requirements thereof shall be subject
to prosecution, and upon conviction shall be punished by a fine of not more than Two Thousand
Dollars ($2,000.00), and each day that such violation shall be permitted to exist or continue shall
constitute a separate offense. In the event a corporation is the violator of any of the provisions of
this ordinance, each officer, agent, and employee of such corporation who is responsible for or
contributes to such violation in any manner shall be individually and severally liable for the penalties
herein prescribed. Where any person is acting solely as agent for the party in ownership, no
penalties under this section shall be assessed against such agent as such.
SECTION IV: The caption of this ordinance shall be published one (1) time in a weekly newspaper
published in the City of Allen and shall be effective immediately upon its passage and publication.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, ON THE 5TH I DAY OF MAY , 1994.
APPROVED:
oe Farmer, MAYOR
APPROVED AS TO FORM: ATTEST:
A. , TTORNEY C4Jy4Mrilson, CMC, CITY SECRETARY
Ordinance No. 1247-5-94 Pagell
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally
appeared DEBBIE TACKETT, who having been by me duly sworn, on oath
deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a
newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once
a week, having a general circulation in said county, and having been published
regularly and continously for more than twelve (12) months prior to publishing
Ordinance #1247-5-94
of which the attached is arn
en copy, and by ti ��Iiished in THE
ALLEN AMERICAN on�Ma: 1 1 & S u a M a 4
and which was issued on May 1 1 , 1994
by City of Allen of COLLIN COUNTY,TEXAS
A printed copy of said publication is attached hereto.
0,�L
SUBSCRIBED AND SWORN to before me this day of _pe - .D 19
`E V.A. TODD
W COecem MMISSION EXPIRES
}• Dr
be 5,1986
PUBLIC in and for COLLIN COUNTY, TEXAS
r
Publisher's fee $2 2 . 5 0
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
May 5, 1994 (Title and Penalty Clause
only):
Ordinance No. 1247-5-94: An Ordinance
of the City of Allen, Collin County, Texas,
Repealing Ordinance No. 318, Creating a
Process for the Registration and Licensing
of Electricians; Ordaining other Matters on
the Subject; Providing Rules and Regula-
tions Pertaining to the Registration and
Licensing Process; Providing a Severabil-
ity Clause; Providing for a Penalty for the
Violation of this Ordinance; Providing for
Publication of the Caption Hereof; and Pro-
viding for an Effective Date.
Any person, parties in interest, or corpora-
tion who shall violate the provisions of this
ordinance or fail to comply therewith or with
any of the requirements thereof shall be
subject to prosecution, and upon convic-
tion shall be punished by a fine of not more
than Two Thousand Dollars ($2,000.00),
and each day that such violation shall be
permitted to exist or continue shall consti-
tute a separate offense. In the event a cor-
poration is the violator of any of the provi-
sions of this ordinance, each officer, agent,
and employee of such corporation who is
responsible for or contributes to such viola-
tion in any manner shall be individually and
severally liable for the penalties herein pre-
scribed. Where any person is acting solely
as agent for the party in ownership, no
penalties under this section shall be
assessed against such agent as such.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, Texas 75002-2773.
/s/ Judy Morrison
City Secretary