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HomeMy WebLinkAboutOrd.4930.01-23-2017 BILL NO. 17-01 ORDINANCE NO. tfq,3o AN ORDINANCE AMENDING CHAPTER 2 AND CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY REPEALING THE BOARD OF EXAMINERS, AND ENACTING NEW SECTIONS 15-426 AND 15-427 REGARDING PROCESSING OF APPLICATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . Section 2-96 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled, "Boards and commissions, " reading as follows : Sec . 2-96 . - Boards and commissions . Except as otherwise required by state or federal law, the City Charter, or another city ordinance specifically dealing with a particular board or commission, the provisions of this article shall apply to the following boards and commissions : Cape Girardeau Airport Board, Board of Adjustment, Board of Appeals, Board of Examiners, Cape Jaycee Municipal Golf Course Advisory Board, Cape Girardeau Historic Preservation Commission, Park and Recreation Advisory Board, Planning and Zoning Commission, Public Library Board, Special Business District Advisory Commission, Tree Board, and any other board or commission established by the city council pursuant to sections 5 . 04, 5 . 05 and 5 . 06 of the City Charter . Iis hereby repealed in its ent_ rety,j and a new Section 2-96, entitled, "Boards and commissions, " is hereby enacted in lieu thereof, in words and figures, to read as follows : Sec. 2-96. - Boards and commissions . Except as otherwise required by state or federal law, the City Charter, or another city ordinance specifically dealing with a particular board or commission, the provisions of this article shall apply to the following boards and commissions : Cape Girardeau Airport Board, Board of Adjustment, Board of Appeals, Cape Jaycee Municipal Golf Course Advisory Board, Cape Girardeau Historic Preservation Commission, Park and Recreation Advisory Board, Planning and Zoning Commission, Public Library Board, Special Business District Advisory Commission, Tree Board, and any other board or commission established by the city council pursuant to sections 5 . 04, 5 . 05 and 5 . 06 of the City Charter. ARTICLE 2 . Section 15-426 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled, "Board of Examiners, " reading as follows : Sec. 15-426 . - Board of examiners . (a) Creation. There is hereby created a board of examiners of construction trades consisting of eight (8) regular members . (b) Term, appointment, qualifications . (1) The city council shall appoint the eight (8) members of the board of examiners by formal motion and majority action. Except as otherwise provided in section 2-98, members of the board of examiners shall serve for terms of three (3) years . All members ' terms shall be staggered so that three (3) members ' terms expire each year, but every third year only two (2) members ' terms shall expire . (2) Four (4) of the eight (8) members of the board shall have at least six ( 6) years practical experience in one (1) of the construction trades, and be licensed hereunder and be actually engaged in or working at their construction trade at the 2 time of their appointment . These four (4) regular members of the board must include not more than one (1) of each of the following: plumber, mechanical installer, electrician, construction contractor, master drainlayer and plumber fixture installer. (3) Three (3) members of the board shall all be licensed pursuant to this article as either a plumber, a mechanical installer, an electrician, a construction contractor, a master drainlayer or a plumbing fixture installer and must be actually engaged in or working at their trade at the time of their appointment . (4) One (1) of the eight (8) members of the board need not be a licensed practitioner of one (1) of the construction trades . (5) Up to two (2) of the eight (8) members of the board of examiners may be residents of Cape Girardeau County, as long as they hold a valid construction trades license under the terms of this chapter. The remaining members must be residents of the city. (c) Officers. The board of examiners shall meet annually during the month of January to elect officers . (d) Meetings. The board of examiners shall meet regularly at least once each calendar month for the purpose of examining all applicants who have requested licenses pursuant to this article . The action of a simple majority of the members will suffice to render a decision. The board shall report to the council who has been tested, the results of the tests, and the reasons for denial of any license . (e) Duties. It shall be the duty of the board of examiners to examine the qualifications of all applicants for a plumber ' s license, mechanical 3 installer' s license, master drainlayer' s license and electrician' s license, as to their knowledge of and ability to perform the duties and services of the trade for which the application is made . The results of such examination shall be certified to the city clerk, where the certified results will become a permanent record. As a result of the aforesaid examination, the board of examiners may, when satisfied as to the competency and ability of the applicants for plumber' s, mechanical installer ' s, master drainlayer' s and electrician' s licenses, authorize the city clerk to issue a plumber ' s, mechanical installer' s, master drainlayer' s or electrician' s license to the applicant . The board shall commission the administration of tests as required herein to a nationally recognized testing agency using a nationally recognized test or the equivalent . The board shall also serve to advise the city council and city staff as to any recommendations they deem appropriate with regard to the licensing of various trades in the City of Cape Girardeau, Missouri . The City Clerk of Cape Girardeau is hereby authorized to act on behalf of the board of examiners in issuance of licenses for construction contractors, plumbing fixture installers, and where RSMo § 67 . 275 requires reciprocity for electrical contractors . The City Clerk of Cape Girardeau is also hereby authorized to act on behalf of the board of examiners in approving applicants with an expired license for re-examination without requiring the applicant' s appearance before the board for approval . is hereby repealed in its entirety, and a new Section 15-426, entitled, "Processing of Applications, " is hereby enacted in lieu thereof, in words and figures, to read as follows : Sec. 15-426 . - Processing of applications . (a) Duty of City Manager. It shall be the duty of the City Manager to examine the qualifications of all applicants for a plumber' s license, mechanical installer' s license, master drainlayer' s license and electrician' s license, as to their knowledge of and ability to perform the duties and services of the 4 trade for which the application is made . The results of such examination shall be certified to the City Clerk, where the certified results will become a permanent record. As a result of the aforesaid examination, the City Manager may, when satisfied as to the competency and ability of the applicants for plumber' s, mechanical installer' s, master drainlayer' s and electrician' s licenses, authorize the City Clerk to issue a plumber' s, mechanical installer' s, master drainlayer' s or electrician' s license to the applicant . The City Manager shall commission the administration of tests as required herein to a nationally recognized testing agency using a nationally recognized test or the equivalent . The City Manager shall also serve to advise the City Council and City Staff as to any recommendations they deem appropriate with regard to the licensing of various trades in the City of Cape Girardeau, Missouri . (b) Duty of City Clerk. The City Clerk of Cape Girardeau is hereby authorized to act on behalf of the City Manager in issuance of licenses for construction contractors and plumbing fixture installers . (c) Appeals. Any applicant aggrieved by a decision of the City Manager may appeal that decision within fourteen (14) days to the Board of Appeals created in Chapter 7 of the City Code . All appeals must be in writing, and they must state the basis for such appeal and the specific relief sought . (d) City Manager. The term City Manager as used in the Article shall mean the current City Manager of the City of Cape Girardeau, Missouri, or his or her designee . ARTICLE 3 . Section 15-427 of the Code of Ordinances of Cape Girardeau, Missouri, entitled, "License required, " reading as follows : Sec. 15-427 . - License required. 5 (a) License required. Any person who engages in or performs work on installing or altering plumbing facilities in a building or structure, or for any building or structure or who engages in or performs the work of installing the sanitary or building storm sewer, or any work concerning the installation of sanitary or storm trunk, main and lateral sewers on public property, recorded easements or on private property, when such work is required to be done in accordance with the ICC International Plumbing Code, shall be a licensed master or journeyman plumber, or shall be working under the direct supervision of a licensed plumber, or shall be a registered apprentice, except as otherwise provided in this Code . Any person who engages in or works at the installation of the sanitary or storm building sewer, starting five (5) feet beyond the building foundation wall, (end of building drain) or any work concerning the installation of sanitary or storm, trunk, main and lateral sewers, on public property, recorded easements, or on private property when such work is required to be done in conformance with the ICC International Plumbing Code, shall be a master drainlayer, or shall be working under the direct supervision of a master drainlayer, a journeyman plumber or a master plumber, or shall be a registered apprentice, except as otherwise provided in this Code . Any person who engages in or works at the installation, extension, alteration or repair of any heating or cooling appliances, gas piping, related duct and venting requirements in connection with the appropriate service on consumers premises within the city, where such work is required to be done in conformity with the ICC International Mechanical Code and ICC International Fuel Code, shall be a licensed mechanical installer, or shall be working under the direct supervision of a licensed mechanical installer, or shall be a registered apprentice, except as otherwise provided in this Code . 6 Any person who engages in or works at installing or repairing of electrical wiring, fixtures or other appurtenances, whenever such work is required to be done in conformance with the National Electrical Code, shall be a licensed electrician, or shall be working under the direct supervision of a licensed electrician, or shall be a registered apprentice, except as otherwise provided in this Code . Any person who engages in or works at building, constructing or renovating any buildings or structures within the City of Cape Girardeau, when such work is required to be done in conformance with the ICC International Building Code, shall be a licensed construction contractor or shall be working under the direct supervision of a licensed construction contractor, except as otherwise provided in this Code . Any person who engages in or works at the installation of water conditions or water treatment equipment, spas, swimming pools, dish washers, ice makers, lawn sprinkler systems and other limited plumbing efforts that involve tapping into a present water system without extending or altering the system other than installing additional equipment shall be a licensed plumbing fixture installer, or shall be working under the direct supervision of a licensed plumbing fixture installer, or shall be a registered apprentice, except as otherwise provided in this Code . Any qualified and licensed technician when performing work under a permit as per the ICC International Codes may install in a very limited and necessary manner, related piping, electrical wiring, duct work, and other hardware to make the equipment installation complete and useable . (b) Classifications requiring license. Classifications of building trades construction licenses for which the board of examiners shall examine qualifications are : (1) Master plumber. 7 (2) Journeyman plumber. (3) Mechanical installer. (4) Master drainlayer. (5) Master electrician. ( 6) Journeyman electrician. (7) Residential electrician. (8) Electrical maintenance . (9) Sign contractor, electrician. (10) Construction contractor. (11) Plumbing fixture installer. (c) Qualifications . (1) Master plumber. The applicant for a master plumber' s license shall have at least one (1) year experience as a licensed journeyman plumber or in lieu thereof, possess such experience or training as is the equivalent thereto . Equivalent training and experience shall mean: a. A degree in engineering from an accredited college or university, and two (2) years of experience in the design, planning and installation of plumbing systems, house drainage and structure ventilation; or b. The satisfactory completion of a two (2) year course in practical plumbing, structure drainage and structure ventilation at a recognized trade or technical school, and four (4) years 8 experience in the design, planning and installation of plumbing systems, structure drainage and structure ventilation. The applicant shall also possess the ability to direct other persons in the performance of plumbing work, and shall be skilled in planning, designing and installing plumbing fixtures and facilities . (2) Journeyman plumber. The applicant for a journeyman plumber' s license shall have at least four (4) years practical experience working in the trade for which the applicant is applying for a license . The board of examiners may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the board of examiners may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (3) Mechanical installer. The applicant for a mechanical installer shall have four (4) years practical experience working in the trade for which the applicant is applying for a license . The board of examiners may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the board of examiners may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (4) Master drainlayers. The applicant for a master drainlayer' s license shall have at least three (3) years of practical experience working 9 in the trade for which the applicant is applying for a license . The board of examiners may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the board of examiners may waive the entire three (3) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (5) Master electrician. The applicant for a master electrician' s license shall have one (1) year experience as a licensed journeyman electrician or in lieu thereof, possess such experience or training as is the equivalent thereto . Equivalent training and experience shall mean: a. A degree in engineering from an accredited college or university, and two (2) years of experience in the design, planning and installation of electrical systems; or, b. The satisfactory completion of a two (2) year course in practical electrical installation at a recognized trade or technical school, and four (4) years experience in the design, planning and installation of electrical systems . The applicant shall also possess the ability to direct other persons in the performance of electrical work, and shall be skilled in planning, designing and installing electrical fixtures and facilities . ( 6) Journeyman electrician. The applicant for a journeyman electrician' s license shall have at least four (4) years practical experience working in the trade for which the applicant is applying 10 for a license . The board of examiners may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the board of examiners may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (7) Residential electrician. The applicant for a residential electrician' s license shall have at least four (4) years practical experience working in the trade for which the applicant is applying for a license . The board of examiners may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the board of examiners may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. Those who qualify can perform electrical work in single-family, duplex and tri-plex residential structures only. The term "residential structures" shall not include dormitories . (8) Electrical maintenance. The applicant for electrical maintenance licenses shall have at least three (3) years practical experience in the trade for which the applicant is applying for a license . Any maintenance shall be limited to the repair of existing branch circuits, fixtures, apparatus or equipment and the relocation of existing branch circuits and the switching or de- energizing of the same for safety purposes on premises or buildings owned, occupied or otherwise controlled by the person, firm or corporation by whom the maintenance electrician is permanently employed. This position cannot 11 install, alter or replace service equipment or any feeder to the service equipment . (9) Sign contractor, electrician. The applicant for the sign contractor, electrician license shall have at least three (3) years practical experience in the trade for which the applicant is applying for a license . Those who qualify may install, alter, add to or change any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs, and are qualified to erect signs . (10) Construction contractor and plumbing fixture installer. Applicants for the construction contractor and plumbing fixture installers licenses need have no practical experience nor are they subject to any examination by the board of examiners as to their competence and ability, but instead shall be issued their license upon application to the city clerk. (11) Apprentice. An "apprentice" as that term is used in this Code means a person undergoing training or instruction in any of the trades and who has registered with the board of examiners as an apprentice setting forth in such requirement his name, age and address, trade identification, employer' s name and address . Apprentices must have apprentice cards while working on a jobsite requiring permits . The apprentice shall be responsible to keep all information in these records complete, up-to-date, and accurate . An annual registration fee of fifteen dollars ($15 . 00) , renewable July 1 of each year, shall be assessed. (d) Fees. The annual fee for a building trades license issued hereunder shall be thirty-five dollars ($35 . 00) for each of the construction trades licenses . 12 (e) Expiration and renewal . A license issued by the board or the city clerk shall expire on April first of the year following the year in which it is issued and may be renewed upon payment of the annual fee in the amount provided in the section above . Expired licenses may be renewed within thirty (30) days after they expire upon the payment of the penalty of ten dollars ($10 . 00) . A penalty of twenty dollars ($20 . 00) shall apply upon expiration of thirty-one (31) to sixty ( 60) days and a penalty of thirty dollars ($30 . 00) shall apply upon expiration of 61 to 90 days . A licensee whose license has expired longer than ninety (90) days shall be reexamined in the same manner as the required initial examination under this Code . (f) Revocation, suspension. The board of examiners may suspend the license of any person who is convicted in the Municipal Court of Cape Girardeau, Missouri, of violating any provision of the Cape Girardeau Construction Codes . The suspension shall be for a period of up to ninety (90) days . The board of examiners may revoke any license obtained through nondisclosure, misstatement or misrepresentation of a material fact . Further, the board may revoke the license of any person who shall have been convicted for the second or subsequent offense of any violation of the Cape Girardeau Construction Codes . Such revocations shall be for a period of one (1) year. Before a license may be suspended or revoked, the licensee shall have notice in writing enumerating the charges against him and be entitled to a hearing by the board of examiners not sooner than five (5) days from their receipt of the notice . The licensee shall be given an opportunity to present testimony, oral or written, and shall have the right of cross- examination. All testimony shall be given under oath. The board shall have the power to administer oaths, issue subpoenas and compel the attendance of witnesses . The decision of the board shall be based 13 upon the evidence produced at the hearing and made a part of the record thereof. A person whose license has been revoked shall not be permitted to apply for a new license within one (1) year of the date of revocation and at the time of the application for a new license shall be required to be examined as though being licensed for the first time . (g) Examination and registration. Any person desiring to engage in business as a master plumber, journeyman plumber, master drainlayer, mechanical installer, master electrician, journeyman electrician, residential electrician, electrical maintenance, or sign contractor electrician, shall make written application to the board of examiners for a license . The application shall be made on forms available at the office of inspection services . The applicant shall appear at the next regularly scheduled meeting of the board so as to establish the applicant ' s compliance with the experience requirements of this article . Applicants for master plumber, journeyman plumber, mechanical installer, master drainlayer, master electrician, journeyman electrician, residential electrician, electrical maintenance, or sign contractor electrician, licenses shall undergo such examination as the board shall direct so as to establish the competency and qualifications of the applicant . The board may, at its option, designate an independent third party for the preparation and supervision of the testing required herein. All examinations given by the board of examiners or its designee shall be standardized in nature and shall test the qualifications of the applicant as to his or her ability to perform as required by the construction codes of the city. Such examinations may be in writing form or may be a field practicum. Such test shall include an open book segment on the pertinent construction code . An examination fee equivalent to the cost of administering the examination will be remitted from the applicant for each and every test taken. 14 Applications for a construction contractor, plumbing fixture installer, or apprentice license shall be made on forms available at the office of building inspector. (1) Examination for a master plumber 's license. The examination for a master plumber' s license shall be a written examination of the applicant ' s ability, experience and skill in the aspects of practical plumbing/management skills as may be necessary to meet the qualifications required for master plumbers . (2) Examination for journeyman plumber 's license. The examination for a journeyman plumber' s license shall be a written examination of the applicant ' s ability, experience and skill in the installation, alteration, repair, dismantling and maintenance of plumbing and drainage systems or parts thereof generally. (3) Examination for master drainlayer 's license. The examination for a master drainlayer' s license shall be a written examination of the applicant ' s ability, experience and skill in the installation of house sewers and sewer lines beyond a point five (5) feet outside a building, and the planning, designing, direction, supervision and installation of public and private sewers and storm drains . (4) Examination for mechanical installer. The examination for a mechanical installer shall be a written examination of the applicant ' s ability, experience and skill in the installation, alteration, repair, dismantling and maintenance of gas service or appliances and all related mechanical equipment including duct and venting apparatus or parts generally thereof. (5) Examination for electrician 's license. The examination for any electrician' s license shall be a written examination of the applicant ' s 15 ability, experience and skill in the aspects of practical electrical skills as may be necessary to meet the qualifications required for electricians . ( 6) Notwithstanding any other provisions of this section, the board may issue a license without an examination under the following terms and conditions : a. If the board finds through its investigation that the applicant has a similar license issued by another city, state, or governmental entity, and in acquiring that license, the applicant has passed an examination equivalent to the examination given by the City of Cape Girardeau; and b. If the other licensing authority would grant a license without examination to an applicant holding a license issued by the City of Cape Girardeau; and C. If the applicant pays all fees and meets all the other requirements of this section, except that in the event that the reciprocal licensee fails to renew his license within the specified time period for renewal, he shall be subject to the renewal requirements as if he were a resident licensee . (h) Existing electrician license holders. All persons licensed as an electrician as of March 28, 1996, shall be entitled to continue working in that capacity and license status under their existing electrician license, without the necessity of passing an examination, as long as they have complied with all other requirements for that license, provided however, that they must obtain a new license issued pursuant to this article on or before March 28, 2001 . The holder 16 of an existing electrician license may apply for one of the new licenses set out in section 15-427 (c) (5) , ( 6) , (7) , (8) , (9) and (11) , and shall specify in the application what type of license is desired. If the applicant meets the requirements for training and experience established in section 15-427 (c) for that license as determined by the board of examiners, that license shall be issued. In addition, applicants for a master electrician license shall personally appear before the board of examiners to present their application and to satisfy the board of examiners ' inquiries about their training and experience, before a master electrician license may be issued. (i) Temporary license. The board may issue a temporary license pending examination, provided the applicant holds a similar license issued by another city, state or governmental entity, and in acquiring that license, the applicant has passed an examination equivalent to the examination given by the City of Cape Girardeau. Such permit shall not be valid for more than sixty ( 60) days . (j ) Insurance. Any person who shall apply for a construction trades license pursuant to this article shall state to the city clerk whether such applicant, or his employer, has obtained general liability insurance coverage for his or her work to be done under the supervision of such employer and pursuant to such license . The applicant shall provide proof of such liability insurance, minimum amount being three hundred thousand dollars ($300, 000 . 00) , to the city clerk with the name of the insurance carrier and the limits of coverage and the duration of the policy which has been purchased. (k) Inactive license holders. Those persons that hold any license that requires testing in accordance with this section shall be exempt from the worker' s compensation and liability insurance verification requirements, and annual renewal fees, when they obtain an inactive license . The holder of an inactive 17 license cannot obtain permits and cannot work in his licensed occupation (s) for compensation. The holder of an inactive license may obtain an active license by complying with all the requirements of this article and applicable state law. is hereby repealed in its entirety, and a new Section 15-427, entitled, "License required, " is hereby enacted in lieu thereof, in words and figures, to read as follows : Sec. 15-427 . - License required. (a) License required. Any person who engages in or performs work on installing or altering plumbing facilities in a building or structure, or for any building or structure or who engages in or performs the work of installing the sanitary or building storm sewer, or any work concerning the installation of sanitary or storm trunk, main and lateral sewers on public property, recorded easements or on private property, when such work is required to be done in accordance with the ICC International Plumbing Code, shall be a licensed master or journeyman plumber, or shall be working under the direct supervision of a licensed plumber, except as otherwise provided in this Code . Any person who engages in or works at the installation of the sanitary or storm building sewer, starting five (5) feet beyond the building foundation wall, (end of building drain) or any work concerning the installation of sanitary or storm, trunk, main and lateral sewers, on public property, recorded easements, or on private property when such work is required to be done in conformance with the ICC International Plumbing Code, shall be a master drainlayer, or shall be working under the direct supervision of a master drainlayer, a journeyman plumber or a master plumber, except as otherwise provided in this Code . 18 Any person who engages in or works at the installation, extension, alteration or repair of any heating or cooling appliances, gas piping, related duct and venting requirements in connection with the appropriate service on consumers premises within the city, where such work is required to be done in conformity with the ICC International Mechanical Code and ICC International Fuel Code, shall be a licensed mechanical installer, or shall be working under the direct supervision of a licensed mechanical installer, except as otherwise provided in this Code . Any person who engages in or works at installing or repairing of electrical wiring, fixtures or other appurtenances, whenever such work is required to be done in conformance with the National Electrical Code, shall be a licensed electrician, or shall be working under the direct supervision of a licensed electrician, except as otherwise provided in this Code . Any person who engages in or works at building, constructing or renovating any buildings or structures within the City of Cape Girardeau, when such work is required to be done in conformance with the ICC International Building Code, shall be a licensed construction contractor or shall be working under the direct supervision of a licensed construction contractor, except as otherwise provided in this Code . Any person who engages in or works at the installation of water conditions or water treatment equipment, spas, swimming pools, dish washers, ice makers, lawn sprinkler systems and other limited plumbing efforts that involve tapping into a present water system without extending or altering the system other than installing additional equipment shall be a licensed plumbing fixture installer, or shall be working under the direct supervision of a licensed plumbing fixture installer, except as otherwise provided in this Code . Any qualified and licensed technician when performing work under a permit as per the ICC International Codes 19 may install in a very limited and necessary manner, related piping, electrical wiring, duct work, and other hardware to make the equipment installation complete and useable . (b) Classifications requiring license. Classifications of building trades construction licenses for which the City Manager shall examine qualifications are : (1) Master plumber. (2) Journeyman plumber. (3) Mechanical installer. (4) Master drainlayer. (5) Master electrician. ( 6) Journeyman electrician. (7) Residential electrician. (8) Electrical maintenance . (9) Sign contractor, electrician. (10) Construction contractor. (11) Plumbing fixture installer. (c) Qualifications . (1) Master plumber. The applicant for a master plumber' s license shall have at least one (1) year experience as a licensed journeyman plumber or in lieu thereof, possess such experience or training as is the equivalent thereto . Equivalent training and experience shall mean: a. A degree in engineering from an accredited college or university, and two (2) years of experience in the 20 design, planning and installation of plumbing systems, house drainage and structure ventilation; or b. The satisfactory completion of a two (2) year course in practical plumbing, structure drainage and structure ventilation at a recognized trade or technical school, and four (4) years experience in the design, planning and installation of plumbing systems, structure drainage and structure ventilation. The applicant shall also possess the ability to direct other persons in the performance of plumbing work, and shall be skilled in planning, designing and installing plumbing fixtures and facilities . (2) Journeyman plumber. The applicant for a journeyman plumber' s license shall have at least four (4) years practical experience working in the trade for which the applicant is applying for a license . The City Manager may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the City Manager may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (3) Mechanical installer. The applicant for a mechanical installer shall have four (4) years practical experience working in the trade for which the applicant is applying for a license . The City Manager may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the 21 City Manager may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (4) Master drainlayers. The applicant for a master drainlayer' s license shall have at least three (3) years of practical experience working in the trade for which the applicant is applying for a license . The City Manager may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the City Manager may waive the entire three (3) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (5) Master electrician. The applicant for a master electrician' s license shall have one (1) year experience as a licensed journeyman electrician or in lieu thereof, possess such experience or training as is the equivalent thereto . Equivalent training and experience shall mean: a. A degree in engineering from an accredited college or university, and two (2) years of experience in the design, planning and installation of electrical systems; or, b. The satisfactory completion of a two (2) year course in practical electrical installation at a recognized trade or technical school, and four (4) years experience in the design, planning and installation of electrical systems . The applicant shall also possess the ability to direct other persons in the performance 22 of electrical work, and shall be skilled in planning, designing and installing electrical fixtures and facilities . ( 6) Journeyman electrician. The applicant for a journeyman electrician' s license shall have at least four (4) years practical experience working in the trade for which the applicant is applying for a license . The City Manager may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the City Manager may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (7) Residential electrician. The applicant for a residential electrician' s license shall have at least four (4) years practical experience working in the trade for which the applicant is applying for a license . The City Manager may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the City Manager may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. Those who qualify can perform electrical work in single-family, duplex and tri- plex residential structures only. The term "residential structures" shall not include dormitories . (8) Electrical maintenance. The applicant for electrical maintenance licenses shall have at least three (3) years practical experience in the trade for which the applicant is applying for a license . Any maintenance shall be limited to the repair of existing branch circuits, fixtures, 23 apparatus or equipment and the relocation of existing branch circuits and the switching or de- energizing of the same for safety purposes on premises or buildings owned, occupied or otherwise controlled by the person, firm or corporation by whom the maintenance electrician is permanently employed. This position cannot install, alter or replace service equipment or any feeder to the service equipment . (9) Sign contractor, electrician. The applicant for the sign contractor, electrician license shall have at least three (3) years practical experience in the trade for which the applicant is applying for a license . Those who qualify may install, alter, add to or change any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs, and are qualified to erect signs . (10) Construction contractor and plumbing fixture installer. Applicants for the construction contractor and plumbing fixture installers licenses need have no practical experience nor are they subject to any examination by the City Manager as to their competence and ability, but instead shall be issued their license upon application to the City Manager. (d) Fees. The annual fee for a building trades license issued hereunder shall as established in the city fee schedule, as amended. (e) Expiration and renewal . A license issued by the City Clerk shall expire one (1) , two (2) , or three (3) years from the date of issue and may be renewed upon payment of the annual fee (s) and penalty, if any, as and in the amount (s) established in the city fee schedule, as amended. A licensee whose license has expired longer than ninety (90) days shall reapply in 24 the same manner as the required initial application under this Code . (f) Revocation, suspension. The City Manager may suspend the license of any person who is convicted in the Municipal Court of Cape Girardeau, Missouri, of violating any provision of the Cape Girardeau Construction Codes . The suspension shall be for a period of up to ninety (90) days . The City Manager may revoke any license obtained through nondisclosure, misstatement or misrepresentation of a material fact . Further, the City Manager may revoke the license of any person who shall have been convicted for the second or subsequent offense of any violation of the Cape Girardeau Construction Codes . Such revocations shall be for a period of one (1) year. Before a license may be suspended or revoked, the licensee shall have notice in writing enumerating the charges against him and be entitled to a hearing by the City Manager not sooner than five (5) days from their receipt of the notice . The licensee shall be given an opportunity to present testimony, oral or written, and shall have the right of cross- examination. All testimony shall be given under oath. The City Manager shall have the power to administer oaths, issue subpoenas and compel the attendance of witnesses . The decision of the City Manager shall be based upon the evidence produced at the hearing and made a part of the record thereof. A person whose license has been revoked shall not be permitted to apply for a new license within one (1) year of the date of revocation and at the time of the application for a new license shall be required to be examined, based on the license classification requested, as though being licensed for the first time . (g) Examination and registration. Any person desiring to engage in business as a master plumber, journeyman plumber, master drainlayer, mechanical installer, master electrician, journeyman electrician, 25 residential electrician, electrical maintenance, or sign contractor electrician, shall make written application to the City Manager for a license . The application shall be made on such forms provided by the city. The applicant shall appear before the City Manager so as to establish the applicant ' s compliance with the experience requirements of this article . Applicants for master plumber, journeyman plumber, mechanical installer, master drainlayer, master electrician, journeyman electrician, residential electrician, electrical maintenance, or sign contractor electrician, licenses shall undergo such examination as the City Manager shall direct so as to establish the competency and qualifications of the applicant . The City Manager shall designate an independent third party for the preparation and supervision of the testing required herein. All examinations given by the City Manager or his or her designee shall be standardized in nature and shall test the qualifications of the applicant as to his or her ability to perform as required by the construction codes of the city. Such examinations shall be in writing. Applications for a construction contractor, plumbing fixture installer, or apprentice license shall be made on such forms provided by the city. (1) Examination for a master plumber 's license. The examination for a master plumber' s license shall be a written examination of the applicant ' s ability, experience and skill in the aspects of practical plumbing/management skills as may be necessary to meet the qualifications required for master plumbers . (2) Examination for journeyman plumber 's license. The examination for a journeyman plumber' s license shall be a written examination of the applicant ' s ability, experience and skill in the installation, alteration, repair, 26 dismantling and maintenance of plumbing and drainage systems or parts thereof generally. (3) Examination for master drainlayer 's license. The examination for a master drainlayer' s license shall be a written examination of the applicant ' s ability, experience and skill in the installation of house sewers and sewer lines beyond a point five (5) feet outside a building, and the planning, designing, direction, supervision and installation of public and private sewers and storm drains . (4) Examination for mechanical installer. The examination for a mechanical installer shall be a written examination of the applicant ' s ability, experience and skill in the installation, alteration, repair, dismantling and maintenance of gas service or appliances and all related mechanical equipment including duct and venting apparatus or parts generally thereof. (5) Examination for electrician 's license. The examination for any electrician' s license shall be a written examination of the applicant ' s ability, experience and skill in the aspects of practical electrical skills as may be necessary to meet the qualifications required for electricians . ( 6) Notwithstanding any other provisions of this section, the City Manager may issue a license without an examination under the following terms and conditions : a. If the City Manager finds through his or her investigation that the applicant has a similar license issued by another city, state, or governmental entity, and in acquiring that license, the applicant has passed an examination equivalent to 27 the examination given by the City of Cape Girardeau; and b. If the other licensing authority would grant a license without examination to an applicant holding a license issued by the City of Cape Girardeau; and C. If the applicant pays all fees and meets all the other requirements of this section, except that in the event that the reciprocal licensee fails to renew his license within the specified time period for renewal, he shall be subject to the renewal requirements as if he were a resident licensee . (h) Existing electrician license holders. All persons licensed as an electrician as of March 28, 1996, shall be entitled to continue working in that capacity and license status under their existing electrician license, without the necessity of passing an examination, as long as they have complied with all other requirements for that license, provided however, that they must obtain a new license issued pursuant to this article on or before March 28, 2001 . The holder of an existing electrician license may apply for one of the new licenses set out in section 15-427 (c) (5) , ( 6) , (7) , (8) , (9) and (11) , and shall specify in the application what type of license is desired. If the applicant meets the requirements for training and experience established in section 15-427 (c) for that license as determined by the City Manager, that license shall be issued. In addition, applicants for a master electrician license shall personally appear before the City Manager to present their application and to satisfy the City Manager' s inquiries about their training and experience, before a master electrician license may be issued. (i) Temporary license. The City Manager may issue a temporary license pending examination, provided the 28 applicant holds a similar license issued by another city, state or governmental entity, and in acquiring that license, the applicant has passed an examination equivalent to the examination given by the City of Cape Girardeau. Such permit shall not be valid for more than sixty ( 60) days . (j ) Insurance. Any person who shall apply for a construction trades license pursuant to this article shall state to the City Manager whether such applicant, or his employer, has obtained general liability insurance coverage for his or her work to be done under the supervision of such employer and pursuant to such license . The applicant shall provide proof of such liability insurance, minimum amount being three hundred thousand dollars ($300, 000 . 00) , to the City Manager with the name of the insurance carrier and the limits of coverage and the duration of the policy which has been purchased. (k) Inactive license holders. Those persons that hold any license that requires testing in accordance with this section shall be exempt from the worker' s compensation and liability insurance verification requirements, and annual renewal fees, when they obtain an inactive license . The holder of an inactive license cannot obtain permits and cannot work in his licensed occupation (s) for compensation except as otherwise provided in this Code . The holder of an inactive license may obtain an active license by complying with all the requirements of this article and applicable state law. ARTICLE 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 5. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City 29 of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention . ARTICLE 6 This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS Ccb DAY OF 2017 . irk Victor Gunn, r Pro Tempore ATTEST: -. , tie Stad, City Clerk O I �.� �s} F r P- )1 e'll- `, v�' ,k F J nRavic 1. �''S'�AL M\\w 30