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ORD NO 03-1967 ORDINANCE NO. 3 -1967 AN ORDINANCE CRLiTING AN ELECTRICAL EXAMINING BOARD, AND PROVIDING FOR LICENSING ELECTRICIANS AND FOR OTHER PURPOSES. NOW THEREFORE DE IT ORDAINED BY THE CITY COUICIL OF VAN UUREN, ARKANSAS. Section 1. Definitions. A.. Electrical inspector shall mean the chief electrical inspector of the City of Van Buren and /or any of his duly authorized assistants. .B. Electrical contractor shall mean any person, firm or corporation engaged in the business of installing, repairing or altering electric wiring, or non portable electric fixtures or apparatus in the city, and who has complied with the terms of this ordinance. C. Master electrician shall mean any person who possesses the necessary qualification, training and technical knowledge to plan, lay out and supervise the instal- lation, maintenance and extension of electric wiring, as the same is defined in this ordinance, and who has complied with the terms of this ordinance. D. Journeyman wireman shall mean any person qualified under the provisions of this ordinance to engage in the instal- ling or repair of electric wiring, as the same is defined in this ordinance, and who has complied with the terms of this ordinance. E. Apprentice wireman shall mean any person who is learning the electric wiring trade and who is competent to assist, under the supervision of a journeyman wireman, in the work of installing or repairing electric wiring or installing non portable electrical fixtures or apparatus. F. Maintenance electrician shall mean any one person respon- sible for the work of operating, installing, caring for and maintaining the electrical installation of any build- ing or factory previously completed under the provisions of this ordinance. "Electrical installation" as used herein means electrical apparatus, equipment and wiring installed or operated beyond the main cutoff or primary source. G. Electric wiring. The term "electric wiring" as used in this ordinance means the installation of electrical:race- ways, conductors, or apparatus of any kind used, or to be used, in or on any building for thu transmission and dis- tribution of electric current for electric light, heat, or power, or nonportable electrical fixtures and apparatus of any nature to be connected to light, heat or power service; provided however, that the words "electric wiring" "electrical equipment" and !'apparatus" shall not be deemed to include or refer to service lines, apparatus, and equip- ment for the sale, distribution and regulation of elect- ricity and remaining the property of the electric service company oar for telephone, telegraph video, or other com- munication purposes, or in connection therewith, or manu- facturer wired apparatus or equipment. H. National Electrical Code shall mean the code or standard adopted by the National Fire Protection Association, for electric wiring and apparatus. Section 2. Electrical Examining Board. A. Created; membership. There is hereby created an electrical examining Board. The board shall consist of three (3) members. One (1) member of such board shall be a licensed electrical contractor, one (1) member a journeyman electrician of at least ten (10) years experience, and one (1) member .having a knowledge of electricity. The members of said Board shall be appointed by the arnyor, and approved by the City Council, and serve at the pleasure of the City Council. B. Meetings; to examine electricians. The Board shall meet once each quarter -year upon call of the Chairman. The Board shall examine all applicants for license as Master. Electrician or Journeyman Wiremen. C. Regulations authorized; compensation. The Electrical Exam- ining Board shall prescribe and publish such rules and regulations as aro necessary to effectuate the purposes of its creation and present the form of examination for each applicant, which shall be uniform. Section3. Board of Electrical A;_peals. A. Created; membership. The City Council of the City of Van Buren, Arkansas, is hereby designated the Board of Electrical appeals. D. To hear appeals. The board of electrical appeals shall hear appeals from all persons aggrieved by any action done or Omitted to be done by the electrical examining board and /or electrical inspector. C. Regulations authorized; record on appeal. The Board of Electrical Appeals shall prescribe and publish such rules and regulations as are necessary to effectuate the purposes of its creation; provided, however, that all appeals from decisions by the electrical examining Board shall be taken upon the record made and established before the electrical examining board. D. When appeals authorized; application required. An appeal may be taken to the board of electrical appeals, from any ruling, interpretation, requirement, or decision made by the electrical examining board and /or the electrical inspector. A statement in writing showing wherein the electrical examining board,and/ or electrical inspector is alleged to have been wrong must be filed with the city clerk, within five (5) days from said ruling, interpretation, requirement, or decision. Failure to file such written statement shall constitute a waiver of the appeal. 5ection_A. Examinations,.licenses required for master electricians. and journeymen: No person shall work as a master electrician or journeyman wireman in the city unless he shall have passed the Examination provided for herein and secured a license as provided for herein. Section 5. Apprentice wiremen to be supervised by cjourrneymen and rigistered. Apprentice wireman shall work under the direct and personal super- vision of a journeyman wireman and be registered with the chief elec- trical inspector of the city. Page 2 Section 6. Examination, licensing of masters. A. The electrical examining board shall, each quarter year, hold examinations for applicants desiring to secure licenses as master electricians. An applicant for license as a master electrician must be a graduate electrical engineer from a recognized univorsigy or college, with at least one (1) year actual experience installing wire, conductors, and electrical equipment used inside of buildings for the transmission :of electrical current for light, heat or power purposes, or he must have a license as a journeyman wireman and must have had at least six (6) years experience, two (2) years of which were as a journeyman wireman installing wires, conductors and electrical equipment used inside buildings for the transmission of electrical current for light, heat and power purpose's. B. An applicant who has qualified by passing the prescribed examination shall be certified to the chief electrical in- spector by the board and the chief electrical inspector shall, upon the payment of the fees provided for heroin, issue a master electrician's license to such applicant. C, Any person holding a valid license as electrical contractor and actively engaged as electrical contractor within the city, and those persons working in the city as a master electrician as of the date of the adoption of this ordinance, may secure a license as master electrician upon written application to the electrical examining board within thirty (30) days from and after the date of adoption of this ordinance, and upon the payment of the same amount as the annual renewal fee of Five Dollars ($5.00). Section 7. Examination, licensing of journeymen's A. The electrical examining board shall, each quarter year, hold examinations for applicants desiring to secure licenses as journeyman wireman. B. A journeyman wirernan's examination shall consist of not less than twenty (20) questions, to be answered in writing,' designed to show the extent of the applicant's knowledge con- cerning the detail provisions of this ordinance, the .National Electrical Code and the practical experience in electrical wiring which the applicant has had and the degree of'profic- iuncy which ho attained. A grape of seventy -five (75) per cent out of one hundred (100) par cent (as perfect) shall be necessary for the applicant to pass. C. An applicant who has qualified by passing the prescribed examination shall he certified to the chief electrical'in- spector by the board and the chief electrical inspector shall, upon the payment of the fees provided for herein, issue a journeyman wireman's license to such applicant. Section 8. Maintenance electricians to be registered, certified. No person shall engage in the occupation of maintenance electrician without first being registered with the chief electrical inspector by the owner or owners of the officd building, commercial buildings, plants or factories, schools and similar buildings, or by the au- thorized representative of such owner or owners, such registration showing the name of the employer, the place or placesHof employment, and certifying that the maintenance electrician named is a regular employee giving his full time to this employer's service. Page 3 Section 9. Duration, lapse of maintenance electri'cian's certificate. A certificate issued to a maintenance electrician shall lapse when he leaves the employment under which he is registered, but willPbe reregistered upon certification by his new employer, and such certif- icate shall not authorize the maintenance electricians to do electric wiring in or upon any building other than that named in his registra- tion; pnovidod, however, that the owner or owners of a building or buildings may in purson, or by an authorized agent, add under: the registration of a maintenance electrician the name of location of any other office building, commercial buildings, plants, factories, schools and similar buildings which may come under the control of said owner or owners. Section 10. Registration of electrical contractors; master elec- trician required. A. Any person, or a member, and /or employ: ;e of a firm, partner- ship or corporation desiring to engage in the business of 'electrical contractor may apply for and be issued a license upon satisfying said electrical examining board that tbr.or it is either a master electrician or employs a master electrician as its superintendent or manager and shall execute the bond hereinafter provided. B. Before any person, firm, partnership, or corporation shall ,engage in the business of electrical contracting, as herein defined, the name, residence and place of businessnof such person, firm, partnership or corporation shall be registered in a book to be kept for the purpose by the chief electrical inspector of the city. In said book shall else be recorded the name of the master electrician managing or supervising the business of such person, firm, partnership or corporation as superintendent or manager and the date on which such parson qualified as a master electrician under the terms and provisions of this ordinance. Every removal of place of busi- ness, or change in name of thenorganization, or change' in the licensed master Electrician in charge of the businuss,,shall require immediate notice thereof to the chief electrical inspector, who shall made the proper changes in the record book heretofore mentionud. Every electrical contractor shall promptly report to the chief electrical inspector the death, resignation or discharge of his or its master electrician; and if another master electrician is not secured within three (3) 'days after the next succeeding examination held therefore by the electrical examining board, the license of such contractor shall be suspended until a new licensee master electrician is employed. C. No licensed master electrician can represent more than one firm at a time. The actual work shall be done by a qualified master electrician or journeyman wireman. Section 11. Examination, registration fees; renewal fees; effect of failure to pass examination; expiration of licenses, registration. A. The examination fuss shall be paid in advance to the chief electrical inspector. Page 4 B. The fees for examination for master electrician shall be twenty -five dollars (225.00). C. The fens of examination and initial license for journeyman wireman shall be tan dollars (310.00). D. The foe for registration of maintenance electrician shall be five dollars (x5.00). E. Annual renewal fe_.s shall be five dollars (.5.00) for a master electrician, journeyman wireman, or maintenance electrician. F. An applicant who fails to pass the examination for either master electrician or journeyman shall not be eligible for reexamination until a period of three (3) months has elapsed. The examination foes hurein provided for shall be required for each examination administered. G. All licenses and registration provided for herein shall expire on December 31 following date of issue and no reductidn for partial year shall be made. Section 12. Licenses not transferable; _permittinq unlawful use. It shall be unlawful for any person holding a license to transfer same or allow the use of same, directly or indirectly, by any other 0 person for the purpose of obtaining a permit to do any of the electrical work herein specified. Section 13. Electrical contractors to be bonded. The electrical contractor shall execute a bond which he shall renew annually, in thu sum of two thousand dollars 02000.00) in favor of the city, such bond to be conditioned for the faithful and propor conduct of licensee's business in compliance with all—ordinances of the city relating to electric wiring and all rules and regulations made thereunder; and for thu payment of all fines and penalties imposed for a violation of such law;; and for the protection and indenification of any person incurring damages resulting from or in any way growing out of or on account of the negligence or unskilled work on the part of such licensee; provided that the surety of such bond shall be a surety company authorized by the State of Arkansas. Section 14. Viol ations, penalties. A Any parson, firm or corporation who engages in or follows the business or occupation of, or advertises or holds himself or itself out or acts temporarily or otherwise as an electrician without first having secured the required dicense or permit, or who otherwise violates any provision of this ordinance, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not less than twenty five dollars (225.00), nor more than one hundred dollars (3100.00) or by imprisonment in the city jail for not less than thirty (30) days nor more than six (6) months, or by both such fine and imprisonment. Loch day during which a violation continues shall be termed a separate offense. Page 5 B. Any parson who shall do any act prohibited by this ordinance or fail or refuse to obey a lawful order of the electrical examining board or board of electrical appeals or chief electrical inspector or his authorized representative shall be punished by imprisonment in the city jail for not more than ninety (90) days, or by a fine not to exceed one hundred dollars ($100.00) or by both such fine or imprisonment. C. Any electrical contractor who shall employ an apprentice representing him to be a journeyman shall be punished by a fine of not more than twenty -five dollars ($25.00) or by imprisonment in the city jail for not more than thirty (30) days or by both such fine or imprisonment. Each day of violation shall be a separate offense. 0. Any electrical contractor who shall employ and /or use any parson in the installation of wiring who has not received a license or permit by the city, or having first been registered with the chief electrical inspector, shall be in violation of this ordinance and shall be subject to any or all of the penalties provided in subsection (a) of this section. Section 15. Effect on existing licenses. Any person, firm or corporation validly and actively engaging in 4D the business of electrical contracting, as herein defined, or following the trade of master electrician, or following the trade of journeyman wireman, as herein defined, at the time of the adoption of this ord- inance, may procure the requisite license for electrical contractor, master electrician, or journeyman wireman, as the case may b;, by making written application to the chief electrical inspector within thirty (30) days from the date of adoption of this ordinance, and paying the annual renewal fee. Section 16. Work and personnel excluded. The maintenance of electrical systems or apparatus in established industrial or commercial structures or installations within the city and the performance of duties in connection therewith, except as specifically required herein, shall be excluded and exempt from the provisions of this ordinance. Section 17. That be reason of the immediate necessity of protecting the community an emergency is hereby declared to exist, and this ordinance being necessary for the immediate preservation of the public peace, health and safety shall take effect and be in force from and after its passage, approval and publication. Page 6 Pass.;d and approved this 6th day of March, 1967. Allen R. Toothakor (s) Mayor Attest Geo L Crofton (s) City Clerk 0