Ordinance 2002-28
ORDINANCE NO. c1m~- iYh
AN ORDINANCE AMENDING CHAPTER 22 "l:3UILDING AND BUILDING
REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF
WYLIE, TEXAS; ESTABLISHING RULES AND REGULATIONS
GOVERNING CONTRACTOR REGISTRATION; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPEALING, SAVINGS, AND SEVERABILITY CLAUSES; PROVIDING AN
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has
investigated and determined that it would be beneficial and advantageous to the
citizens of the City of Wylie, Texas ("WyIi6") to adopt rules and regulations
governing contractor registration; and
WHEREAS, the Wylie Construction Board and the Building Official for Wylie
have reviewed the proposed ordinance and both recommend adoption of the same
by the City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1: Findinas Incorporated. The findings set forth above are
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Chapter 22 "Buildina and Buildina Reaulations"
of Wylie's Code of Ordinances. Chapter 22 "Building and Building Regulations" of
Wylie's Code of Ordinances is hereby amended by adding the following:
.'
Contractor Reaistration. Prior to the issuance I)f any building, mechanical,
electrical, plumbing or irrigation permit the building official shall verify that
all required contractors, as listed herein, have a current registration with the
City.
A. Contractor Registration Required
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1. Issuance of Permits. General, Plumbing, Mechanical,
Electrical, and Irrigation contractors as well as backfJow testers
shall not be eligible to receive a permit within the City unless
they are registered with the City. Backflow testers shall not be
eligible to approve test reports for backflow devices unless
they are registered with the City.
2. Registration Requirements. Contractors must submit the
following required information to t~le City prior to receiving a
registration permit:
a. General Contractor. General contractors are required
to submit the following information:
1. A completed contractor registration application
supplied by the City.
2. A valid driver's license of the owner or officer of
the company issued by his/her home state. The
owner or officer of the company must register in
person or submit a notarized document allowing
another person to register in his/her name.
b. Plumbing Contractor. Plumbing contractors are
required to submit the following information:
1. A completed contractor registration application
supplied by the City.
2. A valid Master Plumber's license issued by the
State of Texas. The Master Plumber must
register in person or submit a notarized
"
document allowing another person to register in
his/her name.
3. A valid driver's license of the Master Plumber
issued by his/hE::r home state.
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c. Irrigation Contractor. Irrigation contractors are
required to submit the following information:
1. A completed contractor registration application
supplied by the City.
2. A valid Irrigator's license issued by the State of
Texas. The licensed irrigator must register in
person or submit a notarized document allowing
another person to register in his/her name.
3. A valid driver's license of the licensed irrigator
issued by his/her home state.
d. Backflow Tester. Backflow Testers are required to
submit the following information:
1. A completed contractor registration application
supplied by the City.
2. A valid Backflow Tester certification issued by
the State of Texas. The certified backflow tester
must register in person or submit a notarized
document allowing another person to register in
his/her name.
3. A valid driver's license of the certified backflow
tester issued by his/her home state.
4. A document verifying that the test gages have
been calibrated within the past twelve (12)
months.
e. Mechanical Contractor. Mechanical contractors are
required to submit the following information:
1. A completed contractor registration application
supplied by the City.
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2. A valid Mechanical license issued by the State of
Texas. The licensed Mechanical contractor
must register in person or submit a notarized
document allowing another person to register in
his/her name.
3. A valid driver's license of the licensed mechanical
contractor issued by his/her home state.
f. Electrical Contractor. Electrical contractors are
required to submit the following information:
1. A completed contractor registration application
supplied by the City.
2. A valid Master Electrician's license issued by the
City of Wylie. The Master Electrician must
register in person or submit a notarized
document allowing another person to register in
his/her name.
3. A valid driver's license of the Master Electrician
issued by his/her home state.
B. Suspension of Registration. Any contractor's registration may be
suspended by the Building Official for any of the following reasons:
1. The contractor fails to request and obtain a final inspection
prior to the expiration of the permit; or
2. The contractor allows use or occupancy of the structure for
which a permit was obtained without first obtaining the
mquired authorization frdm t/'"le City; or
3. The contractor has been found by the Building Official, in his
sole discretion, to have been grossly negligent in the
performance of his work; or
4. The contractor has, as solely determined by the Building
Official, jeopardized the safety of the general public, or those
at the construction site by actions or inactions of the company;
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or
5. The contractor has a history of violating ordinances related to
building, mechanical, electrical or plumbing safety; or
6. A license that is a requir~ment to register as a particular
contractor has expired, been suspended or revoked; or
7. The contractor has submitted any false or misleading
information to the City in the registration process.
c. Appeal of Suspension by Building Official. Any contractor whose
registration has been suspended may appeal the action to the
Construction Board. In the case of an appeal to the Construction
Board, the action of the Building Official shall stand until the final
determination of the appeal is made by the Construction Board. The
appeal must be in writing and filed with the Construction Board within
ten (10) business days of the suspension of the contractor's
registration. After hearing the case, the Construction Board may take
the following action:
1. Affirm the suspension; or
2. Overrule the suspension and reinstate the registration of the
contractor; or
3. Affirm the suspension, but waive any or all of the reinstatement
requirements set forth in subsection D. below; or
4. Affirm the suspension and require conditions for reinstatement
in addition to those set forth in subsection D. below, including,
but not limited to, prohibiting reinstatement for up to six (6)
months. ~
D. Reinstatement of Registration. A contractor whose registration has
been suspended may reapply for registration if:
1. All circumstances leading to the suspension have been
corrected;
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2. The contractor reapplies for re~istration in accordance with this
Ordinance;
3. The registration fee as set forth in Appendix C of Wylie's Code of
Ordinances, as it exists or maybe amended, is paid; and
4. Any additional conditions set by the Construction Board
pursuant to subsection C. 4. above, have been met.
SECTION 3: Penalty Provision. Any person, firm, corporation or business entity
violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS
($500.00), unless the violation relates to fire safety, zoning or public health and sanitation,
including dumping and refuse, in which the fine shall not exceed the sum of TWO
THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under
this Ordinance shall constitute a separate offense. The penal provisions imposed under
this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie
retains all legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 4: Savinas/Repealina Clause. Chapter 22 of Wylie's Code of
Ordinances shall remain in full force and effect, save and except as amended by this or
any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are
hereby repealed to the extent they are in conflict; but such repeal shall not abate any
, pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent
a prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 5: Severabilitv. Should any se~tion, subsection, sentence, clause or
phrase of this Ordinance be declared unconstitutional or invalid by a court of competent
jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance
shall remain in full force and effect. Wylie hereby deClares that it would have passed this
Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact
that anyone or more sections, subsections, sentences, clauses and phrases be declared
unconstitutional or invalid.
SECTION 6: Effective Date. This Ordinance shall become effective from and after
its adoption and publication as required by the City Charter and by law.
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PASSED AN~PROVED by the City Council of the City of Wylie, Texas this
T day of '/~ · 2002.
ATTEST:
DA rEfS) OF PUBUCA nON:
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THE WYLIE NEWS
Covering Wylie, Sachse, Murphy and the surrounding area
110 N. Ballard St.
P.O. Box 369
Wylie, Texas 75098
972.442.5515
Fax 972.442.4318
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock, of THE WYLIE
NEWS, a newspaper regularly published in Collin County, Texas and having general circulation in Collin
County, Texas, who being by me duly sworn deposed and says that the foregoing attached
th-i? ;< tJ 0,). - ,2..( . fHtR oz 0 ().J - a.;( . {)r-zJ( ,;Z 0 0"'- - 02 3 G-r'2 d 0 0 J- - do. </ -;;.. 1
was published in said news' paper on the followin'g dates, to-wit: '
Jr- r
, 2002, and
, 2002.
CJ!t~
Subscribed and sworn to before me this the ;<~/
to certify which witness my hand and seal of office.
day of t2<:-J-
, 2002,
PAnl J. BAKER
Notary Public
State of Texas
MyComm. Exp. 07-31-05
~
Notary Public in and for
The State of Texas
'1-3/-05
#J-D3 0'1
My Comntission Expires
ORDINANCE NO.
2002-28
AN ORDINANCE
AMENDING CHAPTER
22 "BUILDING AND
BUILDING REGULA-
TIONS" OF THE CODE
OF ORDINANCES OF
THE CITY OF WYLIE,
TEXAS; ESTABLISH-
ING RULES AND REG-
ULATIONS GOVERN-
ING CONTRACTOR
REGISTRATION; PRO-
VIDING FOR A PENAL-
TY FOR THE VIOLA-
TION OF THIS ORDI-
NANCE; PROVIDING
FOR REPEALING, SAV-
INGS, AND SEVER-
ABILITY CLAUSES;
PROVIDING AN EFFEC-
TIVE DATE OF THIS
ORDINANCE; AND
PROVIDING FOR THE
PUBLICATION OF THE
CAPTION HEREOF.
Mayor John Mondy
Attest:
Barbara A Salinas
City Secretary