HomeMy WebLinkAbout09247
City Clerk’s Office Item # R-1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: March 12, 2018
TO: Christopher A. Nicoll and Members of City Council
CC: Sam Azad, City Manager
VIA: Brenda Armijo, Acting City Clerk
FROM: David C. Vaughn, Building Official
SUBJECT: AN ORDINANCE AMENDING CHAPTER 1 OF TITLE IV OF THE PUEBLO
MUNICIPAL CODE RELATING TO BUILDING DEPARTMENT
ADMINISTRATION AND CONTRACTOR LICENSES AND PROVIDING
PENALTIES AND REMEDIES FOR THE VIOLATION THEREOF
SUMMARY:
Attached is an Ordinance which makes revisions to Chapter 1 of Title IV relating to the
administration of the building department and contractor licenses.
PREVIOUS COUNCIL ACTION:
City Council has routinely adopted changes to the City’s building regulations as recommended by
the Regional Building Department
BACKGROUND:
This Ordinance clarifies the definition of “direct supervision” as it pertains to work being performed
by an electrician apprentice or trainee.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
The Pueblo Regional Building Department recommends approval of this Ordinance.
STAKEHOLDER PROCESS:
The Pueblo Association of Home Builders and the Pueblo General Contractors Association have
not raised any objections to the changes to Chapter 1 made by this proposed Ordinance.
ALTERNATIVES:
Failure to enact this Ordinance will result in continued ambiguity as to the requirement of “direct
supervision” of apprentice or trainee electricians.
RECOMMENDATION:
Approve the Ordinance.
Attachments:
Proposed Ordinance
ORDINANCE NO. 9247
AN ORDINANCE AMENDING CHAPTER 1 OF TITLE IV OF
THE PUEBLO MUNICIPAL CODE RELATING TO
BUILDING DEPARTMENT ADMINISTRATION AND
CONTRACTOR LICENSES AND PROVIDING PENALTIES
AND REMEDIES FOR THE VIOLATION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted, underscoring indicates new matter being added)
SECTION 1.
Section 22 of Chapter 1, Title IV of the Pueblo Municipal Code, as amended, is
hereby amended to revise subsection (d) of Section 4-1-22 to read as follows:
Sec. 4-1-22. Electrical Contractors.
. . .
(d) Any person may work as an electrician apprentice or trainee
working at the trade but shall not do any electrical wiring for or installation of
electrical apparatus or equipment for light, heat or power except under the direct
\[
supervision of a licensed electrician or residential wireman. Direct supervision
requires that not less than one (1) licensed electrician or residential wireman shall
\]
be present at the site of work for each apprentice or trainee at a job site. Any
electrical contractor, journeyman electrician, master electrician or residential
wireman who is the employer or supervisor of any electrical apprentice or trainee
shall be responsible for the work performed by such apprentice or trainee.
SECTION 2.
The adoption of this Ordinance shall not create any duty to any person, firm,
corporation, or other entity with regard to the enforcement or nonenforcement of this
Ordinance. No person, firm, corporation, or other entity shall have any private right of
action, claim or civil liability remedy against the City of Pueblo or the Pueblo Regional
Building Department, or their officers, employees or agents, for any damage arising out
of or in any way connected with the adoption, enforcement, or nonenforcement of this
Ordinance. Nothing in this Ordinance shall be construed to create any liability, or to waive
any of the immunities, limitations on liability, or other provisions of the Governmental
Immunity Act, Section 24-10-101, et seq., C.R.S., or to waive any immunities or limitations
on liability otherwise available to the City of Pueblo or the Pueblo Regional Building
Department, or their officers, employees or agents.
SECTION 3.
If any part, section, subsection, sentence, clause or phrase of this Ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance.
SECTION 4.
It shall be unlawful and a municipal offense for any person, firm, partnership,
corporation, limited liability company or other entity to violate, disobey, omit, neglect,
refuse or fail to comply with or resist the enforcement of any provision of this Ordinance.
Any person found guilty of a violation of this Ordinance shall be punished as provided in
Section 4-1-26 of the Pueblo Municipal Code, as amended. In addition thereto, the City
is authorized to enforce this Ordinance through the exercise of any one or more of the
remedies set forth in Section 4-1-26 of the Pueblo Municipal Code, as amended, which
remedies are hereby expressly declared to be cumulative, the exercise of any one or
more not constituting any bar or limitation to the exercise of any other.
SECTION 5.
The officers and staff of the City are authorized and directed to perform any and
all acts consistent with this Ordinance which are necessary or desirable to implement
same.
SECTION 6.
This Ordinance shall become effective June 30, 2018.
INTRODUCED March 12, 2018
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
PASSED AND APPROVED: March 26, 2018