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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