Number
260495
Version
ORIGINAL
Reference
Sponsor
ALD. JACKSON, ZAMARRIPA AND BURGELIS
Title
An ordinance relating to worker competency, public safety and Residents Preference Program requirements in construction projects.
Section
309-41-Title am
309-41-1-a rn
309-41-1-a cr
309-41-1-b rn
309-41-1-c rn
309-41-1-d rn
309-41-1-e rn
309-41-1-f rn
309-41-1-g rn
309-41-3.5-d cr
355-Title am
355-1 rn
355-1 cr
355-2 rn
355-3 rn
355-7-1-a am
355-7-1-c am
355-7-2-a am
355-7-2-b am
Analysis
This ordinance provides an incentive to hire certified glaziers on construction projects by providing credit towards required Residents Preference Program (RPP) hours.
Body
Whereas, The aesthetic and efficiency benefits associated with annealed, organic coated, tempered, laminated, and wired glass have promoted the proliferation of architectural glass in the design and construction of contemporary multiunit residential, commercial, and industrial buildings; and
Whereas, The properties of architectural glass windows, walls, and partitions, principally their hardness, brittleness, and transparency or translucency, create or exacerbate hazards to construction crews and to public safety; and
Whereas, Project developers can mitigate the risks associated with the improper transportation, storage, or installation of architectural glass by hiring certified glaziers trained in the transportation, storage, and installation of architectural glass; now, therefore,
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Chapter 309-41-Title of the code is amended to read:
309-41. Participation of City Residents >>and Certified Workers << in Public Works Contracts.
Part 2. Chapter 309-41-1-a to g is renumbered b to h.
Part 3. Chapter 309-41-1-a is created to read:
1. DEFINITIONS.
a. “Certified worker” means a person who has met the requirements of the Architectural Glass and Metal Certification Council under the North American Contractor Certification or the Architectural Metal and Glass Technician certification programs.
Part 4. Chapter 309-41-3.5-d of the code is created to read:
3.5. EXCEPTIONS.
d. The appropriate level of participation required by sub. 2-a may be met by utilizing certified workers demonstrating proof of permanent or temporary residence in the city of Milwaukee. For every hour worked by such a certified worker, two hours shall be credited toward meeting the requirements of sub. 2-a.
Part 5. Chapter 355-Title of the code is amended to read:
CHAPTER 355
COMMUNITY >>AND CERTIFIED WORKER<< PARTICIPATION IN DEVELOPMENT AGREEMENTS
Part 6. Section 355-1 to 3 of the code is renumbered 2 to 4.
Part 7. Section 355-1 of the code is created to read:
1. CERTIFIED WORKER means a person who has met the requirements of the Architectural Glass and Metal Certification Council under the North American Contractor Certification or the Architectural Metal and Glass Technician certification programs.
Part 8. Section 355-7-1-a of the code is amended to read:
355-7. Participation of City Residents.
1. REQUIREMENTS.
a. Ensure compliance with aspects of the development agreement regarding the use of unemployed and underemployed residents >>and certified workers << for construction of the project. For the purpose of this section, “worker hours” includes work performed by persons filling apprenticeship and on-the-job training programs and excludes the number of hours of work performed by all non-Wisconsin residents except for certified workers maintaining a temporary residence in the city of Milwaukee.
Part 9. Section 355-7-1-c of the code is amended to read:
c. Require that contractors and subcontractors maintain personnel records for each construction contract, and any records demonstrating that the employees utilized by the contractors and subcontractors in meeting the requirements of this section are residents of the city >>or certified workers maintaining permanent or temporary residence in the city of Milwaukee<<. These records shall be maintained for 7 years after the contractor or subcontractor has received final payment under its construction contract, and shall be made available to the department of compliance and engagement for inspection upon reasonable notice.
Part 10. Section 355-7-2-a of the code is amended to read:
2. ADMINISTRATION.
a. Prior to submitting a proposed term sheet for a project, the commissioner of city development, in consultation with the department of compliance and engagement or such other entity as may be designated by the city from time to time, shall determine the appropriate level of participation of unemployed and underemployed residents of the city >>and the participation of certified workers demonstrating proof of permanent or temporary residence in the city of Milwaukee<< for the project to reflect the job or trade categories required for the project and the pool of available certified and qualified workers within each job or trade category. The total appropriate level of participation shall be presumed to be 40%, unless the commissioner determines there is sufficient reason to impose a lesser requirement. The recipient of direct financial assistance shall submit a city resident utilization plan and gap analysis detailing how the level of required participation will be achieved. Up to one-third of required worker hours may be achieved by documenting the use of unemployed or underemployed residents on projects undertaken by the developer where such compliance is not required, or by hiring unemployed or underemployed residents on a full-time permanent basis for non-construction job categories connected to the project. Such adjustments must be proposed in an affidavit on a form provided by the department of city development setting forth the facts upon which the request for adjustment is based.
Part 11. Section 355-7-2-b of the code is amended to read:
b. Prior to the release of funds, the department of compliance and engagement shall confirm that all contractors and subcontractors, prior to commencement of their work, have submitted an affidavit in the form supplied by the department of compliance and engagement from employees utilized to meet the requirements of this section, stating that the employee is unemployed or underemployed and is a resident of the city >> or is a certified worker demonstrating proof of permanent or temporary residency in the city of Milwaukee<<.
LRB
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: ______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Department Name
Drafter
LRB180818
Max Drickey
7/16/2026