[HISTORY: Adopted by the City Council of the City of Rockwood
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-19-2000 by Ord. No. 377]
Pursuant to the provisions of the Michigan Electrical Code and
in accordance with the State Construction Code Act 1972, P.A. 230,
as amended, the Building Official is hereby designated as the enforcing
agency to discharge the responsibilities of the City of Rockwood,
Michigan, under Michigan Electrical Code Act, 1972 P.A. 230, as amended.
The City of Rockwood, Michigan, assumes the responsibility for administration
and enforcement of said Act throughout its corporate limits.
[Adopted 11-21-2001 by Ord. No. 399]
A certain document, three copies of which are on file in the
office of the Building Official or City Clerk of the City of Rockwood,
being marked and designated as the "National Electrical Code, 1999
Edition," be and is hereby adopted by reference as the official Electrical
Code of the City of Rockwood thereby establishing minimum legal requirements
of the installation, maintenance, inspection and reinspection of electrical
equipment in the City of Rockwood as herein provided; and each and
all of the regulations, provisions, penalties, conditions and terms
of said National Electrical Code, 1999 Edition, are hereby adopted
by reference and made a part hereof, as if fully set forth in this
article, with the additions, insertions and changes recommended by
the National Fire Protection Association and described in § 65-3
of this article.
The National Electrical Code, 1999 Edition, as adopted in § 65-2,
is hereby amended by reference by including the Department of Consumer
and Industry Services, Electrical Rules Part 8.
As used in this article, the following terms shall have the
meanings indicated:
An individual, other than an electrical contractor, master
electrician or electrical journeyman, who is engaged in learning about
and assisting in the installation or alteration of electrical wiring
and equipment under the direct personal supervision of an electrical
journeyman or master electrician.
The City of Rockwood Electrical Examining and Appeals Board,
the Downriver Area Examining Board established by the Reciprocal Electrical
Council, Inc., or the Reciprocal Electrical Council, Inc.
The City of Rockwood Building Department.
Fixed, stationary or portable self-contained, electrically
illuminated equipment that has words or symbols designed to convey
information or attract attention. The term includes outline lighting.
"Electric sign" does not include those signs that are indoor or outdoor
portable applications or recognized holiday residential signs listed
with a recognized electrical testing laboratory and that use a cord
cap-110 volt plug as the electrical energizing attachment method.
A person, firm or corporation engaged in the business of
erecting, installing, altering, repairing, servicing or maintaining
electrical wiring, devices, appliances or equipment.
All electrical devices, in connection with the generation,
distribution, communication and utilization of electrical energy,
within or on a building, residence, structure or properties, including
fire alarm and sign devices.
Any person who has the necessary qualifications, training,
experience and technical knowledge to inspect all electrical apparatus
for compliance with all applicable codes adopted by the City and who
shall be the agent or employee of the Department designated by the
Building Official as an Electrical Inspector. Inspectors shall be
registered pursuant to Act 54 of the Public Acts of 1986, being MCLA
338.2301 et seq., and known as the "Building Officials and Inspectors
Registration Act."
A person other than an electrical contractor who, as his
or her principal occupation, is engaged in the practical installation
or alteration of electrical wiring. An electrical contractor or master
electrician may also be an electrical journeyman.
All wiring, generating equipment, fixtures, appliances and
appurtenances in connection with the generation, distribution, communication
and utilization of electrical energy within or on a building, residence,
structure or properties, and including service entrance wiring as
defined by the National Electrical Code.
A person, firm or corporation engaged in the business of
erecting, installing, altering, repairing, servicing or maintaining
wiring, devices, appliances or equipment of a fire alarm system.
An individual, other than a fire alarm contractor or a fire
alarm specialty technician, who is engaged in learning about and assisting
in the installation or alteration of fire alarm system wiring and
equipment under the direct supervision of a fire alarm specialty technician.
Licensure as a fire alarm contractor or a fire alarm specialty
or apprentice technician.
A person other than a fire alarm contractor who, as his or
her principal occupation, is engaged in the practical installation
or alteration of fire alarm system wiring.
A system designed to detect and annunciate the presence of
fire, or by-products of fire, installed within a building or structure.
"Fire alarm system" does not include a single-station smoke detector.
The immediate work area within the property lines of a single
construction project, alteration project or maintenance project where
electrical construction or alteration of electrical wiring is in progress.
A person having the necessary qualifications, training, experience
and technical knowledge to supervise the installation of electrical
wiring and equipment in accordance with the standard rules and regulations
governing that work.
Electrical work such as repairing or replacing flush and
snap switches, fuses, lamp sockets or receptacles; replacement of
fixtures; repairing or taping bare connections; replacing lamps or
the connection of portable electrical equipment to suitable, permanently
installed receptacles; provided that the total value does not exceed
$100.
A city, village or township.
An arrangement of incandescent lamps or electric discharge
tubing which is an integral part of an electrical sign that outlines
certain features, such as the shape of a building or the decoration
of a window.
Any natural person, firm, partnership, association or corporation
and their legal successors. In all proceedings, actions or prosecutions
hereunder, in which a corporation is the owner of any building, structure
or part thereof, or of premises, any of its officers directors or
persons in control or management thereof, as well as the corporation,
shall be subject to the provisions of this article.
The corporation established for the advancement of uniform
principles and practices in examinations, licensing and code enforcement
in connection with electrical wiring and equipment.
Except as otherwise provided in Subsections B, C, and D hereof,
that portion of the electric sign wiring that originates at the load-side
terminals of a disconnecting means located in the vicinity of the
electric sign involved, but does not include the installation of the
disconnecting means, complete with line-side connections.
In the case of electric sign installations having sign transformers
installed physically apart from the electric sign, that portion of
the electric sign wiring that originates at the load-side terminals
of a disconnecting means located in the vicinity of the electric sign
involved, but does not include the installation of the disconnecting
means, complete with line-side connections.
In the case of the freestanding electric sign installations
supplied through underground circuit conductors, that portion of the
electric sign wiring that originates at a wiring termination point
adjacent to, within or immediately above the permanent base for the
electric sign, but does not include, if the base of the sign structure
is suitable for use as a raceway, the installation of bushing, complete
with free-length circuit conductors extending through to accommodate
the connection of the related wiring within the sign structure raceway.
In the case of electric signs specifically designed to be connected
directly to the building wiring raceway or cable supply, that portion
of the electric sign wiring that originates at the point where the
free-length circuit conductors extend through the building wiring
raceway or cable at the specifically designed supply location for
the electric sign involved, but does not include the installation
of the building wiring raceway or cable system to the specifically
designated point of supply for the electric sign involved, complete
with free-length circuit conductors extending through the building
wiring raceway or cable to accommodate the connection of the related
wiring.
A person who, as his or her principal occupation, is engaged
in the installation, alteration or repair of electric signs.
A person, firm or corporation engaged in the business of
manufacturing, installing, maintaining, connecting or repairing electric
sign wiring or devices, including wiring that is directly related
to electric signs and is electrically dedicated as a sign circuit
beginning at the load side of the sign circuit disconnect.
Licensure as a sign specialist or sign specialty contractor.
A.Â
The Electrical Examining and Appeals Board, also referred to in this
article as "the Board," shall have and hereby is given jurisdiction,
subject to review as hereinafter provided, over the inspection of
all electrical installations, including changes, repairs and additions
thereto, within the jurisdiction of the City. The City, at its option,
may delegate the authority of the Electrical Examining and Appeals
Board to the Reciprocal Electrical Council.
B.Â
The Board is hereby empowered and it shall be its duty to promulgate
and recommend such rules and regulations concerning electrical work
in the City as may be required to properly provide for the situations
therein. The rules and regulations so made by the Board shall be effective
upon approval by the City and the Michigan Construction Code Commission
and shall take precedence over plans, specifications and National
Electrical Code rules.
C.Â
The Mayor shall appoint (an) electrical inspector(s), who shall be
licensed as an electrical journeyman or master electrician and who
shall inspect all electrical installations and report to the inspection
authority. This jurisdiction shall apply to the installation of electrical
wiring, electrical devices, apparatus and equipment for connection
to electrical supply systems except as provided in § 65-9A
and B.
When an application is made for a permit, license, registration
or examination required under the terms of this article, a fee shall
be paid in an amount as prescribed from time to time by resolution
of Council.[1]
Subject to the Constitution and the laws of the state, the Electrical
Inspector and/or his or her deputy shall have the right during reasonable
hours to enter any building in the discharge of his or her official
duties for the purpose of making any inspection or test of the installation
of electrical wiring, electrical devices and/or electrical materials
contained therein and shall have the authority to cause the turning
off of all electrical supply and to disconnect, in cases of emergency,
any wire where such electrical currents are dangerous to life or property
or may interfere with the work of the Fire Department.
A.Â
It shall be unlawful for any person, firm or corporation to install,
alter, maintain, service or repair electrical equipment in or on any
building, structure or part thereof, or on premises, or cause or permit
therein or thereon the installation, altering, maintaining, servicing
or repairing of any electrical equipment without a permit having been
obtained therefor as provided herein. Nothing in this section shall
be considered as applying to any person engaged in repairing and maintaining
electrical appliances.
B.Â
Permits shall be issued only to the following:
(1)Â
Licensed electrical contractors.
(2)Â
Licensed fire alarm contractors.
(3)Â
Licensed sign specialty contractors.
(4)Â
A bona fide owner of a single-family residence which is, or will
be on completion, his or her own place of residence, and no part of
which is used for rental or commercial purposes nor is now contemplated
for such purpose, provided that the owner applies for and secures
a permit, pays the fee, does the work himself or herself in accordance
with the provisions hereof, applies for inspections and receives approval
thereof. Failure to comply with these requirements will subject the
owner's permit to cancellation.
No person, firm or corporation shall engage in the business
of electrical contracting, fire alarm contracting or sign contracting
unless such person, firm or corporation shall have received from the
state or the appropriate municipality the appropriate contractor's
license. Nor shall any person other than an electrical journeyman,
except a person duly licensed and employed by and working under the
direction of a holder of an electrical contractor's license,
fire alarm contractor's license or sign contractor's license,
in any manner undertake to execute any electrical wiring, except no
license shall be required by the Board to perform the work indicated
in Subsections G and I to N hereof, nor shall a license or permit
be required to execute the work covered by Subsections A to F and
H hereof:
B.Â
The installation, alteration, repairing, rebuilding or remodeling
of elevators, dumbwaiters, escalators or man lifts performed under
a permit issued by an elevator inspection agency of the state or a
political subdivision of the state.
C.Â
The installation, alteration or repair of electrical equipment and
its associated wiring, installed on the premises of consumers or subscribers
by or for electrical energy supply or communication agencies for use
by such agencies in the generation, transmission, distribution or
metering of electrical energy or for the operation of signals or transmission
of intelligence, not including fire alarm systems.
D.Â
The installation, alteration or repair of electric wiring for the
generation and primary distribution of electric current or the secondary
distribution system, up to and including the meters, where such work
is an integral part of the system owned and operated by an electric
light and power utility in rendering its duly authorized service.
E.Â
Any work involved in the manufacture of electric equipment, including
the testing and repairing of such manufactured equipment.
F.Â
The installation, alteration or repair of equipment and its associated
wiring for the generation or distribution of electric energy for the
operation of signals or transmission of intelligence, where such work
is in connection with a communication system owned or operated by
a telephone or telegraph company in rendering its duly authorized
service as a telephone or telegraph company.
G.Â
Any installation, alteration or repair of electrical equipment by
a homeowner in a single-family home and accompanying outbuildings
owned and occupied or to be occupied by the person performing the
installation, alteration or repair of electrical equipment.
H.Â
Any work involved in the use, maintenance, operation, dismantling
or reassembling of motion picture and theatrical equipment used in
any building with approved facilities for entertainment or educational
use and which has the necessary permanent wiring, floor and wall receptacle
outlets designed for the proper and safe use of such theatrical equipment,
but not including any permanent wiring.
I.Â
Work performed by mechanical contractors licensed in classifications
listed in Section 6(3)(a), (b) and (d) to (f) of the Forbes Mechanical
Contractor Act, Act 192 of the Public Acts of 1984, being MCLA 338.976,
plumbing contractors licensed under Act 266 of the Public Acts of
1929, being MCLA 338.901 to 338.917 and employees of persons licensed
under Act 192 of the Public Acts of 1984 and Act 266 of the Public
Acts of 1929 while performing maintenance, service, repair, replacement,
alteration, modification, reconstruction or upgrading of control wiring
circuits and electrical component parts within existing mechanical
systems defined in the Mechanical and Plumbing Codes provided for
in the State Construction Code Act of 1972, including, but not limited
to, energy management systems, relays and controls on boilers, water
heaters, furnaces, air-conditioning compressors and condensers, fan
controls, thermostats and sensors, and all manufacturer prewired system
wiring associated with the mechanical systems in buildings which are
on the load side of the unit disconnect, which is located on or immediately
adjacent to the equipment, except for life safety systems wiring.
J.Â
Electrical wiring associated with the installation, removal, alteration
or repair of a water well pump on a single-family dwelling to the
first point of attachment in the house from the well, by a registered
pump installer under Part 127 of the Public Health Code, Act 368 of
the Public Acts of 1978, being MCLA 333.12701 to 333.12771.
K.Â
The installation, maintenance or servicing of burglar alarm systems
within a building or structure.
L.Â
The installation, maintenance or servicing of residential lawn sprinkling
equipment.
M.Â
The installation, alteration, maintenance or repair of electric signs
and related wiring by an unlicensed individual under the direct supervision
of a licensed sign specialist, except that the ratio of unlicensed
individuals engaged in this activity shall not exceed two unlicensed
individuals to one licensed sign specialist. An enforcing agency shall
enforce this ratio on a job-site basis.
N.Â
The construction, installation, maintenance, repair and renovation
of telecommunications equipment and related systems by a person, firm
or corporation primarily engaged in the telecommunications and related
information systems industries. This exemption does not include the
construction, installation, maintenance, repair and renovation of
a fire alarm system.
A.Â
Upon the completion of the wiring of any building, it shall be the
duty of the person, firm or corporation installing the same to notify
the Building Official, who shall notify the Electrical Inspector to
inspect the installation as soon as possible, and if it is found to
be fully in compliance with this article and does not constitute a
hazard to life and property, he or she shall issue upon request to
such person, firm or corporation for delivery to the owner a certificate
of inspection.
B.Â
All wires which are to be hidden from view shall be inspected before
concealment, and any person, firm or corporation installing such wires
shall notify the Building Official or the Electrical Inspector, giving
sufficient time in which to make the required inspection before such
wires are concealed.
The Electrical Inspector may, when specifically authorized by
state law or separate municipal ordinance, make, periodically, a thorough
reinspection of the installation in buildings of all electrical wiring,
electrical devices and electrical material now installed or that may
hereafter be installed within the City. When the installation of any
such wiring, devices and/or material is found to be in a dangerous
or unsafe condition, the person, firm or corporation owning, using
or operating the same shall be notified and shall make the necessary
repairs or changes required to place such wiring, devices and material
in a safe condition, and have such work completed within 15 days or
any longer period specified by the Electrical Inspector in said notice.
The Electrical Inspector is hereby empowered to disconnect or order
in writing the discontinuance of electrical service to such wiring,
devices and/or material found to be defectively installed until the
installation of such wiring, devices and material has been made safe
as directed by the Electrical Inspector.
No certificate of inspection shall be issued unless the electrical
installation is in strict conformity with the provisions of this article,
the statutes of the state and the rules and regulations issued by
the Michigan Public Service Commission under the authority of the
state statutes, and unless it is in conformity with approved methods
of construction for safety to persons and property. The regulations
as laid down in the National Electrical Code (NFPA 70), the Michigan
Building, Mechanical and Plumbing Codes and NFPA Standards 71, 72,
73 and 74, for fire alarm systems, as approved by the American National
Standards Institute (ANSI), and in the amendments, rules and regulations
established as hereinafter provided, shall be prima facie evidence
of such approved methods.
A.Â
It shall be unlawful to install or use any electrical device, apparatus
or equipment designed for attachment to, or installation on, any electrical
circuit or system for heat, light, power or fire alarm system that
is not of good design and construction and safe and adequate for its
intended use. The Electrical Inspector shall have power to disapprove
the use or installation of devices not fulfilling these requirements.
B.Â
Devices, apparatus and equipment listed by such generally recognized
authorities as United States Bureau of Standards or by qualified electrical
testing laboratories such as Electrical Testing Laboratories (ETL),
Underwriters' Laboratories (UL) or Factory Mutual (FM) may be
given the approval by the Electrical Inspector unless explicitly disapproved
by said authority for reasons of faulty design or poor construction
involving danger to persons and/or property.
A.Â
The Building Official shall keep complete records of all permits
issued and inspections made, and other official work performed under
this article.
B.Â
When the Electrical Inspector condemns all or part of any electrical
installation, the owner or his or her agent may, within five days
after receiving written notice from the Electrical Inspector, file
a petition in writing for review of said action of the Electrical
Inspector with the Electrical Appeals Board. Upon receipt of the petition,
the Board shall at once proceed to determine whether said electrical
installation complies with this article and within three days shall
make a decision in accordance with its findings.
The Electrical Board is hereby established, consisting of the
City Building Official, the Electrical Inspector, a representative
of the electric utility company, a licensed electrical contractor
who is also a licensed master electrician, a licensed master electrician
and an electrical engineer. The members of said Board shall be appointed
by the Mayor for such terms as shall be designated at the time of
appointment.
It shall be unlawful for any person, firm or corporation to
engage in the business of electrical contractor, fire alarm contractor
or sign specialty contractor and install, alter or repair electrical
wiring, equipment, apparatus or fixtures for light, heat, power or
fire alarm systems in or about buildings and/or structures located
within the City without first having procured the appropriate contractor's
license from the State of Michigan and having registered with the
City.
A.Â
Licensing. It shall be unlawful for any person to engage in the occupation
or trade of master, journeyman or apprentice electrician in the installation,
alteration, maintenance or repair or electrical wiring equipment,
apparatus or fixtures for light, heat, power or medical purposes in
or about buildings and/or structures within the City without having
first obtained a license or apprentice registration from the State
of Michigan and having registered with the City.
B.Â
Supervision of apprentice's work. All electrical work done by
apprentice electricians shall be performed under the direct personal
supervision of a journeyman or master electrician who shall be on
the premises at all times when such apprentice electricians are performing
such work.
C.Â
Except as otherwise provided in Subsection D hereof, the ratio of
electrical journeymen or master electricians to registered apprentice
electricians shall be on the basis of one electrical journeyman or
master electrician to one registered apprentice electrician. The Department
shall enforce the ratio on a job-site basis.
D.Â
Notwithstanding Subsection C hereof, in the case of a residential
single-family dwelling or a multifamily dwelling not exceeding eight
units per building, the Department shall enforce the apprentice electrician
ratio on the basis of one electrical journeyman or master electrician
to two registered apprentice electricians on a job-site basis.
It shall be unlawful for any person to engage in the occupation
of a fire alarm specialty technician within the City without having
first having obtained a license or appropriate registration from the
State of Michigan and having registered with the City.
A.Â
Licensing or registration. It shall be unlawful for any person to
engage in the occupation of a fire alarm apprentice within the City
without having first obtained a license or appropriate registration
from the State of Michigan and having registered with the City.
B.Â
The ratio of fire alarm specialty technicians to registered fire
alarm specialty apprentice technicians shall be on the basis of one
fire alarm specialty technician to two registered fire alarm specialty
apprentice technicians. The Department shall enforce the ratio on
a job-site basis.
It shall be unlawful for any person to engage in the occupation
or trade of a sign specialist within the City without first having
obtained a license or appropriate registration from the State of Michigan
and having registered with the City.
A.Â
Registrations. Electrical contractors, fire alarm contractors, sign
specialty contractors, master electricians, journeyman electricians,
fire alarm specialty technicians and sign specialists and their apprentices
working within the City shall be required to register with the City
prior to engaging in work within City boundaries.
B.Â
Annual registration. Registrations shall expire on December 31 of
each year and shall be renewed upon application by the licensee, together
with payment of the required fee.
D.Â
Nontransferability. Registrations issued under this article shall
be nontransferable and shall be displayed when required. Electrical,
fire and sign contractor's licensed under the terms of this article
shall not secure permits for work to be done by any person not employed
by said contractor, and the license may be revoked for violation of
this section.
E.Â
No license shall be recognized by the City unless such licenses are
issued by a municipality that has adopted an ordinance under Section
6 of Electrical Administrative Act 217, or the Michigan Electrical
Administrative Board.
F.Â
The City shall permit electrical, fire, and sign contractors lawfully
licensed within the state to install, alter or repair electrical wiring,
equipment, apparatus or fixtures for light, heat, power or fire alarm
system purposes within the corporate limits of the City upon payment
of a registration fee, provided that such authorities reciprocate
in recognizing said contractors who are duly licensed under the provisions
of this article by granting them the same privilege.
G.Â
The Building Department shall have the authority to investigate the
activities of a person licensed or registered under this article or
Electrical Administrative Act 217 which are related to the person's
licensure or registration as an electrical, fire alarm or sign contractor,
master or journeyman electrician, fire alarm specialty technician,
sign specialist, electrician apprentice or fire alarm or sign contractor,
master or journeyman electrician, fire alarm specialty technician,
sign specialist, electrician apprentice or fire alarm specialty apprentice
technician, which activities include, but are not limited to, the
grounds described in Subsection G(1) hereof. The Department may hold
hearings and shall report its findings to the Board.
(1)Â
Grounds for board action shall be as follows:
(a)Â
Fraud or deceit in obtaining a license or registration under
this article or the Act.
(b)Â
The willful violation of a code.
(c)Â
False advertising.
(d)Â
A violation of this article or rules, or the Act, except in
the case of a minor violation.
(e)Â
Failure to produce the identification card for a license or
registration and at least one piece of identification containing the
individual's picture when requested by the Electrical Inspector.
(f)Â
Recommendation by the Michigan Electrical Administrative Board
or any other municipal board to suspend or revoke a license or registration
issued by this Board.
(2)Â
The Board shall impose one or more of the following sanctions for
a violation in Subsection G(1) hereof:
(3)Â
For two violations of this article within a period of two years,
the Board may double the fine imposed under this article.
(4)Â
For three violations of this article within a period of three years,
the Board shall revoke the person's registration and permanently
deny the person's reapplication for a registration of the class
revoked.
(5)Â
If restitution is required to be made by registrant under this section,
the Board may suspend the registration of the person required to make
the restitution until restitution is made.
The provisions of this article shall not apply to apparatus
and equipment installed by or for any utility operating under jurisdiction
of the Michigan Public Service Commission in the exercise of its function
as a utility and when such apparatus or equipment is used primarily
for the purpose of communication or metering, or for the generation,
control, transformation, transmission and distribution of electrical
energy.
This article shall not be construed to relieve from or lessen
the responsibility or liability of any party owning, operating, controlling
or installing any electrical wiring, electrical devices and/or electrical
material for damages to persons or property caused by any defect therein,
nor shall the City or the Electrical Inspector be held as assuming
any such liability by reason of the inspection authorized herein,
or certificate of inspection issued as herein provided.
Except as provided for in Chapter 1, General Provisions, Article
I, a person licensed or registered under this article who commits
a violation of this article that is not a minor violation as described
in the general rules, or a person not licensed or registered under
this article who is performing any activity regulated by this article,
is guilty of a civil violation, punishable by a fine of not less than
$1,000 per day for each day the violation occurs, except that a fine
shall not exceed $5,000 in total per violation. A second or subsequent
violation is punishable by a fine of not less than $2,000 per day
for each day the violation occurs, except that a fine shall not exceed
$10,000 in total per violation.
