Ordinance No. 19-C

An Ordinance for safeguarding life and property by regulating and providing for the inspection of the installation and maintenance of electrical wiring, electrical devices and/or electrical equipment, creating the office of an electrical inspector, enforcing the state electrical code, and fixing the penalty for violation thereof and repealing all ordinances in conflict with this ordinance.

ORDINANCE NO. 19-C
At a regular meeting of the Spring Arbor Township Board held on the 9th day of April____, 2001, at 7 ;30 p.m., in the Spring Arbor Township Hall, the following Ordinance was heard and passed.
The Township of Spring Arbor, Jackson County, Michigan ordains:

Section 1 - Code Adoption
Pursuant to the provisions of Act 230 of 1972 and in particular Section 9, the Township of Spring Arbor hereby elects to assume responsibility for the administration and enforcement of Public Act 230 of 1972, as amended, and enforce the State Electrical Code within the Township limits.

Section 2 - Enforcement Agency
It further is ordained that the Township of Spring Arbor designates the Township Electrical Inspector of the Township of Spring Arbor as the enforcing agency to discharge the responsibilities of the Township under this Act.

Section 3 - Board of Appeals
It further is ordained that an Electrical Board of Appeals for the Township of Spring Arbor hereby is created and shall consist of three (3) members. Each member of the Board of Appeals shall be appointed for a two year term. Appeals shall be heard within thirty (30) days.

Section 4 - Permits
No wiring devices or equipment for the transmission, distribution or utilization of electric energy for light, power, and/or heat shall be installed within or on any buildings or structures, nor shall any alteration or addition be made in any such existing wiring, devices or equipment unless a permit shall be secured therefore by a licensed electrical contractor, or home owner from the clerk of the Township of Spring Arbor or the clerk's duly authorized representative. The application therefore shall be accompanied by a written statement describing the work to be done or when required by the electrical inspector to accompany such application, a copy of the plans and specifications for such installations or work to be done, showing thereon sizes of all conductors and other details as may be necessary to determine if the installation as described will be in conformity with the requirements of this ordinance and such permit will be valid for six (6) months from the date of issuance and further, providing, however, that no permit shall be required for minor repair work such as repairing flush or snap switches, replacing fuses, changing lamp sockets and receptacles, retaping joints and repairing drop cords, nor for the replacement of motors and/or motor controllers of equal or small capacity where no change of wiring other than terminal connections is required, or the connection of portable devices to suitable receptacles which have been permanently installed.

The permit when issued shall be for such installation as is described in the application and no deviation shall be made from the installation so described without approval of the electrical inspector. No permit for the installation of any electrical wiring, devices or equipment shall be issued to any person, firm or corporation unless such person, firm or corporation is the holder of an electrical contractor's license or to a person who is to execute the work of installing electrical wiring, devices and equipment on premises owned and occupied by such person as a single family dwelling.

Section 5 - Permit and Inspection Fees
Permits shall be applied for and issued prior to the commencement of work on any project for the repair and installation of electrical wiring, devices, or equipment and the applicant shall pay such fees as are set by the Spring Arbor Township Board for the inspection of the installation of any electrical wiring, devices, or equipment in accordance with the Schedule of Fees adopted by resolution by the Spring Arbor Township Board.

Section 6 - Certificate of Inspection
A. Upon the completion of the installation of any wiring, devices or equipment it shall be the duty of the person doing same to notify the electrical inspector, who shall inspect or cause to be inspected the installation within three (3) days after such notice is given, Saturdays, Sundays and Holidays excepted and if it is found to be fully in compliance with this Ordinance and the laws of this state and does not constitute a hazard to life and property and if all fees as here in provided have been paid, he shall issue a certificate of inspection authorizing connection to the electrical service and the turning on of current. All wires which are to be hidden from view shall be inspected before concealment and any persons, firm or corporations installing such wires shall notify the electrical inspector, giving three (3) days exclusive of Saturdays, Sundays and Holidays, to make the required inspection before such wires are concealed.
B. The electrical inspector shall have the right to make a thorough re-inspection of all electrical wiring, devices or equipment now installed or that may hereafter be installed within the Township of Spring Arbor and within the scope of this Ordinance and when the installation of any such wiring, devices or equipment is found to be in a dangerous or unsafe condition, the person, firm or corporation owning, using or operating same shall be notified in writing and shall make the necessary repairs or changes required to place such wiring devices and/or equipment in a safe condition and have such work completed within twenty-four (24) hours 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 discontinuances of electrical service to such wiring, devices and/or equipment so found to be defectively installed until the installation of such wiring, devices and/or equipment has been made safe as directed by the electrical inspector.

Section 7 - Electrical Inspector
A. There is hereby created the office of electrical inspector. The person chosen to fill the office of electrical inspector shall be of good moral character, shall be possessed of such executive ability as is requisite for the performance of his duties and shall have a thorough knowledge of the standard materials and methods used in the installation of electrical equipment, shall be well versed in approved methods of construction for safety to persons and property, the statutes of the State of Michigan relating to electrical work and the national electrical code as approved by the American Standards Association; and shall have at least the same qualifications required of a journeyman's license and be so licensed.
B. The electrical inspector shall be appointed by the Supervisor and Township Board. The salary to be paid to the electrical inspector shall be determined by the Supervisor and the Township Board.
C. It shall be unlawful for the electrical inspector to engage in the business or the sale, installation or maintenance of electrical wiring, devices and/or equipment either directly or indirectly and he shall have no financial interest in any concern engaged in such business in the Township of Spring Arbor at any time while holding office.

Section 8 - Duties of Electrical Inspector and Clerk or Treasurer
The electrical inspector shall make inspections of all new electrical installations and re-inspections of all electrical installations as provided in this Ordinance. The Clerk or Treasurer or his duly authorized agent shall issue all permits as herein required. The electrical inspector and Clerk shall keep complete records in the Township Office of all permits issued and inspections made and all other official work performed under the provisions.

Section 9 - Authority of Electrical Inspector
Said electrical inspector shall have the right during reasonable hours to enter any building in the discharge of his official duties, or for the purpose of making any inspections or tests of the installation of electrical wiring, devices and/or equipment contained therein, and shall have the authority to cause the turning off of all electrical currents and to cut or disconnect in cases of emergency any wire where such electrical currents are dangerous to life or property, or where such wires may interfere with the work of the Fire Department. The electrical inspector is hereby empowered to disconnect or order in writing the discontinuance of electrical service to any electrical wires, devices and/or equipment found to be defectively installed or otherwise not in conformity with the provisions of this Ordinance until such wiring devices and/or equipment and their installations have been made as directed by the electrical inspector.
If the changes and repairs shall be the fault or responsibility of the person, firm or corporation holding a license and the changes and repairs have not been made within the stipulated time set by the inspector, the license of the person, firm or corporation shall be suspended until such changes and repairs shall conform to the inspector's request.

Section 10 - Collection and Disposition of Fees and Money
All fees and moneys required for the issuance of permits and any or all of the fees and moneys required for inspections made by the electrical inspector shall be paid to the Township Treasurer and placed in the appropriate fund of the Township.

Section 11 - Exemptions
The provisions of this Ordinance shall not apply to:
A. The installation, alteration, repairing, rebuilding or remodeling of elevators, dumbwaiters, escalators or man lifts where being done under a permit issued by an elevator inspection agency of the State of Michigan or political subdivision thereof.
B. The installation, alteration or repair of electrical equipment installed on the premises of consumers or subscribers by 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.
C. The installation, alteration or repair of electric wiring for the generation and primary 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.
D. Any work involved in the manufacture of electric equipment, and the testing and repairing of such manufactured equipment.
E. The installation, alteration or repair of equipment for the operation of signals or transmission of intelligence where such is a part of a communication system owned or operated by a telephone or telegraph company, in rendering its duly authorized service as a telephone or telegraph company.
F. Any work involved in the use, maintenance, operation, dismantling or re-assembling 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.

Section 12 - Penalty
Failure to obtain an electrical permit prior to starting of work shall constitute a violation of this Ordinance.
Any person, firm or corporation who shall violate any of the provisions of this Ordinance shall, upon conviction thereof, be deemed guilty of a misdemeanor and shall be punished by imprisonment in the County Jail for not more than ninety (90) days or by a fine of not more than Five Hundred ($500.00) Dollars, or by both fine and imprisonment.

Section 13 - Nuisance
Any installation, alteration or repairing of any electrical wiring, devices and/or equipment for the installation, alteration or repair for which a permit is required by this Ordinance within the Township of Spring Arbor which are allowed to exist in violation of any of the provisions of this Ordinance or amendments hereto are hereby declared to be a nuisance per se and the Court shall order such nuisance abated and the owner and/or agent in charge of any premises wherein or whereon such violation exists shall be adjudged guilty of maintaining per se.

Section 14 - Amendment
The Township Board may, from time to time, amend, supplement, or change by ordinance any of the provisions hereof.

Section 15 - Liability
This Ordinance shall not be construed to relieve from or lessen the responsibility or liability of any party owning, operating, controlling or installing any electrical wiring, electric devices or electric material, or furnishing electrical power or current, for damages to person or property caused by any defect therein nor shall the Township be held as assuming any such liability by reason of the inspection authorized herein or certificates of inspection issued as herein provided.

Section 16 - Severability
Should the Courts declare any provision or section of this Ordinance unconstitutional or invalid, then such division shall affect only the section of provision so passed upon, and shall not affect any other section or part of this Ordinance.

Section 17 - Repeal of Conflicting Ordinances
All ordinances or parts of ordinances conflicting with the provisions of this Ordinance are hereby repealed, including Ordinances 19-B, 21-B and 21-C.

Section 18 Effective Date
This Ordinance shall take effect and be in force from and after the earliest date allowed by law and this Ordinance is hereby ordered to be published in the manner provided by law.

MEMBERS PRESENT: DeGraaf, DeVries, Melchiori, Fortress, Canton, Short, Williams
MEMBERS ABSENT: None
AYES: Fortress, Williams, Canton, DeVries, Melchiori, Short, DeGraaf
NAYS: None

Adopted: April 9, 2001 Effective: May 18, 2001