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Electric Code Ordinance Revision_MembershipTHE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Electric Code Ordinance Correction DATE: December 30, 2008 Assistant City Attorney Crenna Brumwell is recommending a technical correction to the Electrical Code Ordinance to change a reference to the incorrect provision of the City Code. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Crenna Brumwell, Assistant City Attorney THE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 CRENNA M. BRUMWELL, ESS ASSISTANT CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: December 23, 2008 RE: Electrical Code Ordinance Correction In reviewing the Electrical Code Ordinance updates approved by the City Council, I found a typographical error which references an incorrect provision of the City Code. Attached you will find an ordinance which repeals the incorrect ordinance and adopts a corrected ordinance. This is ready to be submitted to the City Council for their approval. Please let me know if you have any questions. Thank you. cc: Steve Neyens, Inspector OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 589-4381 / FAx (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 1 -09 ORDINANCE RESCINDING ORDINANCE NO. 15-06 WHICH CONTAINED REFERENCES TO AN INCORRECT SECTION OF CHAPTER 18 ELECTRICITY OF THE CITY OF DUBUQUE CODE OF ORDINANCES AND ADOPTING A NEW ORDINANCE WHICH AMENDS CHAPTER 18 SECTION 2 BY INCREASING THE NUMBER OF MEMBERS, PROVIDING FOR REGULAR AND SPECIAL MEETINGS, AND AMENDING AND ADDING DEFINITIONS. Section 1. City of Dubuque Code of Ordinances § 18-2 is amended by amending Section 81-3(b) and 81-3(d)(5) to read as follows: (b) Membership. The Electrical Code Board shall consist of seven (7) members appointed by the city council. Six (6) members shall have a background or experience in electrical engineering, electrical contracting, electrical installation, or electrical maintenance, and one (1) member shall be appointed from the public at large. (d) Rules and Regulations. The Electrical Code Board shall make such rules and prescribe such procedures as may be reasonably necessary for its operation, except that such rules shall include the following: (5) Meetings. Regular meetings of the Electrical Code Board shall be held on the fourth (4th) Monday in January, March, May, July, September, and November. Special meetings may be called from time to time by the chairperson, the secretary, or the city manager. When the day fixed for any regular meeting of the Electrical Code Board falls upon a day designated as a legal or national holiday or city holiday, such meeting shall be held on the next succeeding day not a holiday. The secretary shall give notice to the members of the Board if there is no business filed with the secretary to be heard by the Board by noon on the Wednesday prior to the regular meeting .date and such regular meeting shall stand cancelled. The secretary shall provide notice of the cancellation of the meeting in the same manner as notice of a regular meeting. Members of the Board shall attend at least two-thirds (2/3) of all scheduled meetings within a twelve (12) month period. If any member does not attend such prescribed number of meetings, it shall constitute grounds for the Board to recommend to the city council that said member be replaced. Section 2. City of Dubuque Code of Ordinances § 18-2 is amended by amending or adding the following definitions to Section 83-1: 83-1. Definitions. As used in this Article, the following words and phrases shall have the following meanings: Apprentice or helper means a person who does not hold a license as a journeyman electrician, maintenance electrician, or contractor and who is assisting in the installation, alteration, or repair of electrical work under the supervision of a Class I, II, or III electrical license holder. Under the supervision of a Class I, II, or III, electrical license holder shall mean that a Class I, II, or III certificate competency holder is physically present on the job site and at the same project location and that the apprentice is engaged in the same phase of the project as the Class I, II, or III certificate competency holder. However, the apprentice is not required to be within sight of the Class I, II, or III certificate competency holder at all times. Journeyman electrician means a person having the necessary qualifications, training, experience, and technical knowledge to wire for or install electrical wiring, electrical apparatus, and electrical equipment, and to supervise apprentices, and who is licensed by the Electrical Code Board. Master electrician/electrical contractor means a person having the necessary qualifications, training, experience, and technical knowledge to plan, lay out, install, service, and supervise the installation of electrical wiring, electrical equipment apparatus, electrical equipment for light, heat, power, and other purposes and to supervise apprentices, and who is licensed by the Electrical Code Board. Section 3. This Ordinance shall take effect on publication. Passed, approved and adopted the 5th day of January , 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk EFFECT OF AMENDMENT Section 1. City of Dubuque Code of Ordinances § 18-2 is amended by amending Section 81-3(b) and 81-3(d)(5) to read as follows: (b) Membership. The eElectrical eCode Board shall consist of sevenfFVe (5~ members appointed by the city council. Six€eu-r (46) members shall have a background or experience in electrical engineering, electrical contracting, electrical installation1 or electrical maintenance, and one (1) member shall be appointed from the public at large. (d) Rules and Regulations. The Electrical Code Board shall make such rules and prescribe such procedures as may be reasonably necessary for its operation, except that such rules shall include the following: (5) Meetings. Regular meetings of the Electrical Code Board shall be held on the fourth (4th) Monday in January March May July September and November Special meetings may be called from time to time by the chairperson the secretary, or the city manager. When the day fixed for any regular meeting of the Board falls upon a day designated as a legal or national holiday or city holiday such meeting shall be held on the next succeeding day not a holiday The secretary shall give notice to the members of the Board if there is no business filed with the secretary to be heard by the Board by noon on the Wednesday prior to the regular meeting date and such regular meeting shall stand cancelled The secretary shall provide notice of the cancellation of the meeting in the same manners notice of a regular meeting Tne-~~i^~;-c~,~e, rte, ~h ~~ .r^ + +~~Members of the eElectrical sCode Board shall attend at least two- thirds (2/3) of all scheduled meetings within a twelve~12~ month period. If any member does not attend such prescribed number of meetings, it shall constitute grounds for the Board to recommLnd to the city council that said member be replaced. Section 2. City of Dubuque Code of Ordinances § 18-2 is amended by amending or adding the following definitions to Section 83-1: 83-1. Definitions. As used in F r ~ ~°e ~~--ter-this aArticle, the following words and phrases shall have the following meanings^r~-~'~f~,-iT^,ea: Apprentice a+~-d-/or helper means a person who does not hold a license as a journeyman electrician, maintenance electrician or contractor and who is assisting in the installation, alteration1 or repair of electrical work under the supervision of a Class I II, or III electrical license holder. Under the su envision of a Class I II or III electrical license holder shall mean that a Class I II or III certificate com etenc holder is h sically present on the job site and at the same project location and that the a rentice is engaged in the same phase of the project as the Class I II or III certificate competency holder. However the apprentice is not required to be within siaht of the Class I, II, or III certificate competency holder at all times Journeyman electrician means a person having necessary qualifications, training, experience) and technical knowledge to wire for or install electrical wiring electrical apparatus, and electrical equipment and to supervise apprentices and who is licensed by the Electrical Code Board Master electrician/electrical contractor means a erson havin the necessa qualifications, training experience and technical knowledge to plan lay out install service, and supervise the installation of electrical wiring electrical equipment apparatus, electrical equipment for light heat power and other purposes and to supervise apprentices and who is licensed by the Electrical Code Board