ORDINANCE NO. 14,166

AN ORDINANCE to amend the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, as heretofore amended, by repealing Section 26-372, Section 26-373, Section 26-377, subsections (a), (b), (c) and (e) of Section 26-391, Section 26-392, and Section 26-393 thereof, and by enacting a new Section 26-372, Section 26-373, Section 26-377, subsections (a), (b), (c) and (e) of Section 26-391, Section 26-392, and Section 26-393, to place all fees under the Electrical Code in Article III of Chapter 26 into a Schedule of Fees to be adopted by the City Council by resolution.

BE IT ORDAINED by the City Council of the City of Des Moines, Iowa, as follows:

Section 1. That the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, as amended by Ordinance No. 13,911 passed January 22, 2001, be and is hereby amended by repealing Section 26-372, Section 26-373, Section 26-377, subsections (a), (b), (c) and (e) of Section 26-391, Section 26-392, and Section 26-393 thereof, and by enacting a new Section 26-372, Section 26-373, Section 26-377, subsections (a), (b), (c) and (e) of Section 26-391, Section 26-392, and Section 26-393, to place all fees under the Electrical Code in Article III of Chapter 26 into a Schedule of Fees to be adopted by the City Council by resolution, as follows:

Pursuant to this division, the fees for examinations, licenses and certificates shall be as set in the Schedule of Fees adopted by the city council by resolution, except that any licensee who is subject to the restrictions of subsection 26-337(d) of this article may be issued an inactive license without a fee:

All licenses (including "inactive") and certificates shall expire on January 31st of each odd-numbered year. Upon renewal (active/inactive) of a master electrician's, journeyman electrician's, or a residential wireman certificate of competency the person holding such certificate shall show proof of having attended a minimum of eight hours of attendance at acceptable workshops or classes for the purpose of code review and update. The fee for renewal of an unexpired license or certificate shall be as specified in section 26-372 of this Code. Any license or certificate that has expired may be renewed within 90 days after the expiration date upon payment of the biennial fee plus a late renewal fee in the amount set in the Schedule of Fees adopted by the city council by resolution. Upon the expiration of the aforementioned 90-day period, no license or certificate shall be renewed without successful re-examination and payment of the required fees.

(a) For purposes of the electrical code, the term "apprentice" shall include any person who is involved or assisting in the installation of electrical systems or equipment, including individuals serving as trainees, helpers, or individuals that are participating in an established apprentice training program. Apprentice electricians shall work under the direct supervision and control of an individual holding a master or journeyman electrician's certificate of competency.

(b) No person shall engage in the work of an apprentice without first obtaining an apprentice license.

(c) No electrical contractor shall employ any apprentice, for work with the city, who is not licensed as required by subsection (b) of this section, and no electrical contractor shall employ more than two apprentices for each individual, permanently employed by the contractor, as a journeyman or master electrician. This ratio shall apply to every permitted job with the city.

(a) There shall be paid to the department of building for the issuance of each electrical permit the base fee and the unit fees in the amounts set in the Schedule of Fees adopted by the City Council by resolution.

(b) (not used)

(c) (not used)

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(e) If an electrical permit is issued for a specific amount of work and, upon inspection, it is determined that more work was performed than was authorized by the permit, the permittee shall obtain another permit to include all additional work and shall pay a new base fee pursuant to paragraph (a).

(a) Except in emergency situations, as determined by the electrical inspector, if work for which an electrical permit is required by the electrical code is started or proceeded with by any person prior to obtaining a required permit, the regular total fees as specified in this division for such work shall be doubled. The payment of such double fee shall not relieve any person from fully complying with the requirements of the electrical code in the execution of the work nor from any other penalties prescribed in this article. However, no double fee shall be imposed upon any person who starts work without a permit if:

(1) Work is started on Saturday, Sunday, or holiday, or during any other day when the office of the building official is not normally open for business; and

(2) Such person secures the proper permit on the next working day of the department of community development.

(b) No additional permits shall be issued to any person who owes the city the double fee described in this section.

(a) All fees due the city for examinations, licenses, certificates and permits pursuant to this article shall be collected in the office of the building official and paid thereafter to the city treasurer.

(b) If, within 30 days of the date of issuance, the holder of an electrical permit decides not to commence the work described in the permit, he or she may, upon application to the building official, be refunded that portion of the permit fee which is in excess of the electrical permit refund fee set in the Schedule of Fees adopted by the city council by resolution.

Sec. 2. This ordinance shall be in full force and effect from and after the later of January 1, 2003, or its passage and publication as provided by law.

FORM APPROVED:

Roger K. Brown, Assistant City Attorney