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Home My WebLink AboutPR 19954: APPOINTING MEMBERS TO THE ELECTRICAL ADVISORY BOARD P. R. No. 19954 10/20/17 ht/gt RESOLUTION NO. A RESOLUTION APPOINTING MEMBERS TO THE CITY OF PORT ARTHUR'S ELECTRICAL ADVISORY BOARD (REQUESTED BY COUNCILMEMBER LEWIS) WHEREAS, pursuant to Resolution No. 17-255, City Council supported the initiation of the process of establishing an electrical advisory board for the City of Port Arthur; and WHEREAS, Councilmember Lewis has requested that the City Council approve the appointments to the electrical advisory board; and WHEREAS, Section 1305.201 of the Texas Occupations Code permits a City to regulate its own electricians under specific circumstances. A memo explaining the legal process related to the requested changes has been prepared and is attached hereto as"A"; and WHEREAS, the purpose of the board is to regulate electricians within the City limits and adopt local amendments to the National Electrical Code and for the administration and enforcement purposes; and WHEREAS, upon appointment of the board members and the creation board and bylaws, he has also requested that the City Council address the changes to the Code of Ordinances as delineated in Exhibit "B"; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. s.ar19954 Section 2. That the City of Port Arthur's Electrical Advisory Board will consist of a total of members. Section 3. That the City Council herein approves the appointment of the following members to the Electrical Advisory Board: Section 4. That a copy of the caption of this Resolution be spread upon the minutes of the City of Port Arthur. READ, ADOPTED AND APPROVED on this day of , A.D., 2017, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: NOES: DERRICK FREEMAN, MAYOR ATTEST: SHERRI BELLARD CITY SECRETARY s.pr19954 APPROVED AS TO FORM: VwC VALECIA R. TIZNO CITY ATTORNEY APPROVED FOR ADMINISTRATION: BRIAN MCDOUGAL CITY MANAGER s.pr19954 EXHIBIT "A" s.pr19954 amommisommpoom BOJORQtJEZ 12325 Hymeadow Drive Phone: 250-0411 (512) Suite 2-100 LAW FIRM PLLC Fax: (512)250-0749 Austin,Texas 78750 TexasMunicipalLawyers.com LEGAL MEMORANDUM TO: Val Tizeno, City Attorney, City of Port Arthur FROM: Elizabeth Elleson, Special Projects -Associate City Attorney DATE: October 19,2017 RE: Municipal Regulation of Electricians via City Electric Board ISSUE PRESENTED To what extent can the City of Port Arthur regulate electricians within city limits via its newly formed Electric Board? SUMMARY ANSWER State law grants a city the authority to regulate electricians and electrical work but in limited circumstances. LEGAL ANALYSIS Statewide Regulation Prior to the enactment of the Texas Electrical Safety and Licensing Act,' a hodgepodge of regulations over the conduct of electrical work existed throughout the State of Texas. Some political subdivisions had regulations; others did not. The Act was subsequently created and enacted to replace this myriad and variety of regulations and to establish standard regulations where none existed. The Act places electrical work regulation under the control of the Texas Department of Licensing and Regulation and creates a statewide standard for regulation of electricians. This includes state licensing for classes of electricians and standards for electrical workers. The Act also prohibits a person or business to perform electrical work2 without holding the appropriate license for performing the work.3 I See Texas Occupations Code,Chapter 1305.Electricians. The Act was enacted in 2003. 2 The Act defines"electrical work"as"any labor or material used in installing,maintaining,or extending an electrical wiring system and the appurtenances,apparatus,or equipment used in connection with the use of electrical energy in, on, outside, or attached to a building, residence, structure, property, or premises. The term includes service entrance conductors as defined by the National Electric Code."Texas Occupations Code Section 1305.002(11). 3 "Except as provided by Section 1305.003 [Exemptions; Application of Chapter], a person or business may not perform or offer to perform electrical work or residential appliance installation unless the person or business holds an appropriate license issued or recognized under this chapter."Texas Occupations Code Section 1305.151. Legal Memorandum: Municipal Regulation of Electricians Page 1 of 3 Municipal Regulation While statewide standards apply, Occupations Code Section 1305.201 of the Act permits a city to institute its own regulations of electricians.4 However this is limited to: (1) enacting an ordinance requiring inspections; (2) offering examinations; (3) issuing municipal or regional licenses; or (4) collecting permit fees for municipal or regional licenses and examinations from appliance installers for work performed in the municipality or region. Accordingly, for example, a city ordinance is limited to one: that requiring inspections. In addition,while a city can offer an examination or issue a municipal electrician license,it cannot require a person to take the examination if the person holds the appropriate license and is working within the scope of that license.5 Moreover,a city cannot charge an electrician a registration or administrative fee such as for taking an exam. (A building permit fee can be collected from an electrician.)6 Further, under Section 1305.201, while a city can regulate electricians, the section requires, nonetheless, that electrical work performed within city limits be installed in accordance with all applicable ordinances. In the City's case, this would require that electrical work be conducted in accordance with the National Electrical Code adopted by the City and incorporated in Chapter 18, Article III Electrical Code of the City's Code of Ordinances. CONCLUSION A city's regulation of electricians is restricted to those circumstances enumerated in statute. Enacting regulations beyond those limitations would not only conflict with state law but also undermine the intent of the Act which is to provide a statewide standard of regulations under which all electricians can work. Texas Occupations Code Section 1305.201 as amended and effective September 1,2017,is contained in its entirety in Attachment A,attached. 5 "A municipality or region may not require a person to take a municipal or regional examination if that person holds the appropriate license issued under this chapter and is working within the scope of that license."Texas Occupations Code Section 1305.201(b). 6"A municipality or region may not collect a permit fee,registration fee,administrative fee,or any other fee from an electrician who holds a license issued under this chapter for work performed in the municipality or region. This subsection does not prohibit a municipality or region from collecting a building permit fee." Texas Occupations Code Section 1305.201(f). 7 "Electrical work performed within the corporate limits of a municipality must be installed in accordance with all applicable local ordinances." Texas Occupations Code Section 1305.201(d). Legal Memorandum:Municipal Regulation of Electricians Page 2 of 3 ATTACHMENT A Occupations Code Section 1305.201 Municipal or Regional Regulation As amended, and effective September 1, 2017 (a) This chapter does not prohibit a municipality or region from regulating electricians or residential appliance installers by: (1) enacting an ordinance requiring inspections; (2) offering examinations; (3) issuing municipal or regional licenses; or (4) collecting permit fees for municipal or regional licenses and examinations from appliance installers for work performed in the municipality or region. (b) A municipality or region may not require a person to take a municipal or regional examination if that person holds the appropriate license issued under this chapter and is working within the scope of that license. (c) A municipality may adopt procedures for the: (1) adoption of local amendments to the National Electrical Code; and (2) administration and enforcement of that code. (d) Electrical work performed within the corporate limits of a municipality must be installed in accordance with all applicable local ordinances. (e) Electrical work performed in an unincorporated area of the state must be installed in accordance with standards at least as stringent as the requirements of the state electrical code as adopted under Section 1305.101. (f) A municipality or region may not collect a permit fee, registration fee, administrative fee, or any other fee from an electrician who holds a license issued under this chapter for work performed in the municipality or region. This subsection does not prohibit a municipality or region from collecting a building permit fee. Legal Memorandum:Municipal Regulation of Electricians Page 3 of 3 EXHIBIT "B" RESIDENTIAL WIREMAN CONTRACTOR LICENSE ISSUED BY THE CITY • Testing by SBCCI or TDLN will continue to be excepted by the City for electrical contractor license (no retesting) • Liability Insurance - $1,000,000 minimum • Practices that will be in violation of this City Ordinance • Systematic or Systemic Practices • Structural Practices • Institutional Practices • Overt Practices s.pr19954