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(a) Commencing January 1, 2012, as a condition of his or her license, each licensed electrical, class B, sign wiring and fire alarm contractor shall maintain and deliver to the chief building services official a continuous bond in the penal sum of $10,000 in a form approved by the city with the contractor as principal on the bond and the city as obligee for its benefit and that of consumers dealing with the contractor.
(b) The bond shall be conditioned upon the faithful and lawful completion of all work entered into by the contractor within the city and for compliance with all the provisions of this chapter. The bond shall be in addition to all other license bonds to any political subdivision or government agency. The bond shall be written by a corporate surety authorized to transact business in the state.
(c) Claims upon the bond shall be filed by the city by reason of the principal’s failure to perform his or her obligation under the bond. The aggregate liability of the surety, regardless of the number of claims made against the bond or the number of years the bond remains in force, shall not exceed $10,000. Any revision of the bond amount shall not be cumulative.
(d) Suspension or revocation of the license of the principal shall not by itself affect the liability of either the principal or the surety on the bond, except that the liability of the surety shall not extend to acts or omissions of the principal occurring after the effective date of his or her license suspension or revocation.
(1992 Code, § 15-32) (Ord. 82-11, passed 10-17-2011; Ord. 75-14, passed 10-14-2014)
(a) A permit for wiring a person’s residence may only be issued under the following conditions:
(1) The applicant has not applied for a permit under the owner’s exemption in the last three years unless it is for the same address;
(2) The applicant occupies or intends to occupy the residence as his or her personal dwelling unit;
(3) The applicant does not rent or lease any part of the residence; and
(4) The applicant or applicant’s spouse are the only person performing the wiring.
(b) All equipment installed by the owners shall be for themselves without compensation or pay from or to any other person for the labor or installation. The installations by owners shall comply with the requirements of this code. The owner shall be required to file plans, apply for and secure a permit, pay fees, and call for all inspections in a manner provided in this code.
(1992 Code, § 15-34) (Ord. 68-86, passed 7-7-1986; Ord. 65-93, passed 8-9-1993; Ord. 75-14, passed 10-14-2014; Ord. 130-15, passed 12-15-2015; Ord. 68-20, passed 9-1-2020)
An electrical contractor’s license shall terminate upon termination or death of said contractor. It shall be the duty of the electrical contractor to immediately notify the chief building official in writing upon the termination of the electrical contractor. Upon termination or death of the electrical contractor, the electrical contractor may request in writing from the chief building official a continuance of the license for the purpose of completing existing permitted projects only for a period not to exceed 90 days.
(Ord. 68-20, passed 9-1-2020)
The chief building official may suspend, revoke, or refuse to renew a license if he or she finds:
(a) In his or her discretion that the order is in the public interest; and
(b) Based upon substantial evidence presented, the applicant or licensee:
(1) Has violated any applicable provision of this code, city ordinance, rule, regulation, or state law;
(2) Has engaged in any fraudulent, deceptive, or dishonest act or practice;
(3) Has filed an application for a license which is incomplete in any material respect or contains statements which are false or misleading;
(4) Fails to file with the chief building official the necessary bonds or certificate of insurance;
(5) Fails to provide copies of records in the person’s possession related to a matter under investigation;
(6) Fails to pay inspection and permit fees in a timely manner as determined by the chief building official; and/or
(7) Fails to respond to a directive or lawful order of the building official.
(1992 Code, § 15-36) (Ord. 113-96, passed 10-7-1996; Ord. 117-01, passed 12-10-2001; Ord. 105-08, passed 8-18-2008; Ord. 75-14, passed 10-14-2014; Ord. 68-20, passed 9-1-2020)
A party whose license is suspended, revoked or refused renewal may appeal that decision to the electrical board of appeals and examiners. Appeals shall be commenced by filing written appeal with the department within ten days of the decision. The appeal shall include a statement of the action complained of, why the same should be modified or rescinded, whether the appellant desires an open or closed hearing, and an address where the appellant can be mailed notice of hearing. The department shall immediately deliver a copy of the appeal to the city attorney who will act as legal counsel.
(1992 Code, § 15-37) (Ord. 113-96, passed 10-7-1996; Ord. 105-08, passed 8-18-2008; Ord. 75-14, passed 10-14-2014)
A public hearing, or a closed hearing if the board determines it is necessary, shall be held on all appeals within 15 working days after the filing of the appeal, unless a later date is agreed upon by the appellant and the board. The department shall cause written notice of the date, time and place of the hearing to be served upon the appellant by personal service or certified mail to the address set forth in the appeal at least five days before the hearing date.
(1992 Code, § 15-38) (Ord. 113-96, passed 10-7-1996; Ord. 75-14, passed 10-14-2014)
The following rules shall govern the procedures for an administrative hearing on matters concerning license suspension, revocation, or refusal to renew.
(a) Hearings and administrative appeals need not be conducted according to the technical rules relating to evidence and witnesses.
(b) Oral evidence shall be taken only on oath or affirmation.
(c) The chairperson of the board or the board recorder shall administer oaths or affirmations to witnesses.
(d) Any relevant evidence shall be admitted if it is the type of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence after objection in civil actions in courts of competent jurisdiction in this state.
(e) Irrelevant and unduly repetitious evidence and evidence that lacks trustworthiness shall be excluded.
(f) The appellant, the major organization unit or agency, and any other party to an appeal shall have these rights among others:
(1) To call and examine witnesses on any matter relevant to the issue of the hearing;
(2) To introduce documentary and physical evidence;
(3) To cross examine opposing witnesses on any matter relevant to the issues of the hearing; and
(4) To rebut evidence.
(g) After each appeal hearing, the board or hearing examiner shall perform the following:
(1) Make written findings of fact; and
(2) Based upon the written findings, sustain, remand for further hearing or action, or rescind the complained action or decision. The board may in its discretion waive the payment of any reinstatement or late penalty fee.
(3) A written report of the decision, including the findings of fact, shall be furnished to the appellant and the chief building official within 15 working days from the date the appeal hearing is closed. The city and the appellant shall bear their own respective costs of the appeal proceeding. The decision of the board shall be final.
(1992 Code, § 15-39) (Ord. 113-96, passed 10-7-1996; Ord. 105-08, passed 8-18-2008; Ord. 75-14, passed 10-14-2014; Ord. 68-20, passed 9-1-2020)
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