Fiscal Note
No significant fiscal impact is anticipated.
Title
AMENDED - Amending Sections 19.09 and 29.18 of the Madison General Ordinances to eliminate the Heating and Electrical Licensing Committee of the Board of Building Code, Fire Code and Licensing Appeals.
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DRAFTER'S ANALYSIS: This proposal amends Sections 19.09 and 29.18 to eliminate the Heating and Electrical Licensing Committee of the Board of Building Code, Fire Code and Licensing Appeals as this Committee is no longer needed. This proposal passes the responsibilities previously assigned to the Committee to the Board of Building Code, Fire Code and Licensing Appeals, or to the Director of the Neighborhood Preservation and Inspection Division of the Department of Planning and Community and Economic Development, or designee.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Subdivision (c) of Subsection (6) entitled "Qualifications" of Section 19.09 entitled "License Requirements" of the Madison General Ordinances is amended to read as follows:
"(c) The Heating and Electrical Licensing Committee of the Board of Building Code, Fire Code and Licensing Appeals shall determine whether such experience has been sufficiently practical."
2. Subdivision (a) of Subsection (7) entitled "How Obtained" of Section 19.09 entitled "License Requirements" of the Madison General Ordinances is amended to read as follows:
"(a) Applicants will be examined for the Class A, AA, and B licenses by the Heating and Electrical Licensing Committee Director of the Neighborhood Preservation and Inspection Division of the Department of Planning and Community and Economic Development, or designee, on the second Monday of January, April, July and October, and at any other time upon a finding by the CommitteeDirector that there be a hardship involved and that a delay in writing the exam will result in an injustice to the applicant. Any person desiring such license shall make application therefor to the said CommitteeDirector at least thirty (30) days prior to the date on which the examination is to be held."
3. Subdivision (f) of Subsection (7) entitled "How Obtained" of Section 19.09 entitled "License Requirements" of the Madison General Ordinances is amended to read as follows:
"(f) The Heating and Electrical Licensing Committee Director of the Neighborhood Preservation and Inspection Division of the Department of Planning and Community and Economic Development, or designee, shall, upon being satisfied as to the competency of the applicant and upon payment by the applicant to the City Treasurer of the license fee as above stipulated, issue to such applicant a license authorizing him to conduct the business of electrical wiring and construction for that branch of electrical industry for which he is qualified. The examination application fee shall constitute payment for the balance of the license year."
4. Subdivision (i) of Subsection (7) entitled "How Obtained" of Section 19.09 entitled "License Requirements" of the Madison General Ordinances is amended to read as follows:
"(i) The Heating and Electrical Licensing Committee Director of the Neighborhood Preservation and Inspection Division of the Department of Planning and Community and Economic Development, or designee, may issue licenses to any person holding a comparable license issued by a state, city or village having similar requirements for testing and qualifications upon presenting evidence that such license is in force and effect, or on presenting other evidence of competency, and upon filing a bond as provided for in Section 19.09(2)."
5. Subsection (10) entitled "Suspension or Revocation" of Section 19.09 entitled "License Requirements" of the Madison General Ordinances is amended to read as follows:
"(10) Suspension or Revocation. The Heating and Electrical Licensing Committee Director of the Neighborhood Preservation and Inspection Division of the Department of Planning and Community and Economic Development, or designee, may suspend or revoke any electrical license in accordance with the procedures of Section 29.18(3)(c), Madison General Ordinances, should any licensee violate this Code or any other ordinance or law relating to electrical installation, work, or wiring."
6. Subdivision (c) entitled "Licenses" of Subsection (3) entitled "Duties" of Section 29.18 entitled "Board of Building Code, Fire Code and Licensing Appeals" of the Madison General Ordinances is amended to read as follows:
"(c) Licenses.
1. The Mayor shall appoint a Heating and Electrical Licensing Committee to be approved by the Common Council. The Committee shall consist of two (2) members. One member shall be a heating contractor licensed by the City of Madison and the other shall be an electrical contractor licensed by the City of Madison. Each member shall be appointed for a term of five (5) years and shall be eligible to serve until a successor is appointed. The Committee may not act unless both members are present.
21. The CommitteeBoard shall adopt reasonable criteria for suspending or revoking licenses granted under Secs. 19.09 and 30.01 of these ordinances, and shall adopt procedures for investigations and hearings. The Director of the Neighborhood Preservation and Inspection Division of the Department of Planning and Community and Economic Development shall keep a record of all of the Committee'sBoard's proceedings. (Am. by Ord. 11,960, Adopted 11-4-97)
32. If the Director of the Neighborhood Preservation and Inspection Division of the Department of Planning and Community and Economic Development believes that a licensee has violated Chapter 19 or Sec. 30.01 of these ordinances, the Director shall notify the licensee in writing, specifying the violation and the supporting facts. (Am. by Ord. 11,960, Adopted 11-4-97)
43. The licensee may surrender her/his license voluntarily or may request a hearing. The request shall be in writing, and shall be filed with the Director of the Neighborhood Preservation and Inspection Division not later than ten (10) days after the date of the notice of violation.
54. The CommitteeBoard shall hold a hearing as soon as practicable. At the hearing, the CommitteeBoard may hear testimony and examine documents. If the CommitteeBoard determines that the licensee has violated Chapter 19 or Sec. 30.01 of these ordinances, it may suspend or revoke any license granted under that section. Appeal of the action of the CommitteeBoard shall be to Circuit Court.
65. Any person whose license has been suspended or revoked shall perform no electrical or HVAC work within the City of Madison during the period of suspension or revocation. If work is performed while the licensee is suspended, the license shall be revoked immediately. Any person whose license shall have been revoked shall not again be licensed within a period of one (1) year from the date of revocation."
7. Subdivision (a) entitled "Notice of Meetings" of Subsection (4) entitled "Meetings" of Section 29.18 entitled "Board of Building Code, Fire Code and Licensing Appeals" of the Madison General Ordinances is amended to read as follows:
"(a) Notice of Meetings. The Board and the Committee shall meet as often as necessary to act promptly on pending appeals. The Director of the Neighborhood Preservation and Inspection Division may call special meetings in a case of emergency."