1422.01 Definitions.
1422.02 Agency designated.
1422.03 Creation of position and qualifications of Electrical Inspector.
1422.04 Electrical permit required; exception.
1422.05 Registration of electrical contractors.
1422.06 Electrical and specialty contractors' insurance.
1422.07 Permits.
1422.08 Permit fees.
1422.09 Records.
1422.10 Liability for damages.
1422.11 Appeals.
1422.12 Review by Construction Code Commission.
1422.99 Penalty; equitable remedies.
CROSS REFERENCES
Enactment of codes by reference - see CHTR. Sec. 4.7
Electrical Code in home rule cities - see M.C.L.A. Sec. 117.3
Electricians and electrical contractors generally - see M.C.L.A. Secs. 339.5701 to 339.5739 et seq.
Negligence of electricians and electrical contractors; accrual of claims; limitation of actions - see M.C.L.A. Secs. 600.2912, 600.5805, 600.5838
Building Inspection Department - see ADM. Ch. 246
Construction Board of Appeals - see ADM. Ch. 270
Electricity - see S.U. & P.S. Ch. 1046
As used in this chapter:
(a) “Building Official” as found in 1972 PA 230, MCL 125.1501 to 125.1531 and known as the Stille-DeRossett-Hale Single State Construction Code act, means an individual who is employed by a governmental subdivision and is charged with the administration and enforcement of the code and who is registered in compliance with the Skilled Trades Registration Act, 2016 PA 407, MCL 339.6001 to 339.6023. A building official may also be an employee of a private organization.
(b) “City” means the City of Battle Creek, Michigan, acting through its officers and agents.
(c) “Construction Board of Appeals” means the construction board of appeals of a governmental subdivision provided for in section 14 of the Stille-DeRossett-Hale Single State Construction Code Act.
(d) "Construction Code Commission" means the State Construction Code Commission created by the Stille-DeRossett-Hale Single State Construction Code Act.
(e) "Electrical Code" or "National Electrical Code" means the Michigan Electrical Code adopted and amended by the State of Michigan pursuant to Act 230 of 1972, as amended.
(f) "Person" means an individual, firm or corporation.
(Ord. 08-07. Passed 6-5-07; Ord. 05-2023. Passed 5-16-23.)
Pursuant to the provisions of the Michigan Electrical Code, in accordance with Act 230 of the Public Acts of 1972, as amended, the Office of the Chief Building Official of the City is hereby designated as the enforcing agency to discharge the responsibilities of the City under Act 230. The City assumes responsibility for the administration and enforcement of said Act throughout its corporate limits.
(Ord. 08-07. Passed 6-5-07; Ord. 05-2023. Passed 5-16-23.)
There is created the position of Electrical Inspector, which position shall be filled by appointment by the City. The Inspector shall meet the requirements of Article VII of the Skilled Trades Regulation Act, Michigan Act 407 of 2016.
(Ord. 08-07. Passed 6-5-07; Ord. 05-2023. Passed 5-16-23.)
No person shall undertake to erect, install, alter, repair, service or maintain any electrical wiring unless such person has obtained the appropriate permit from the City Inspection Division, is a registered apprentice under the direct supervision of a licensee or a licensee registered under this chapter as the holder of a valid license issued by the State or any political subdivision thereof having an ordinance providing standards for licensing not less than those established pursuant to Act 407 of the Public Acts of 2016, as amended, or is an individual seeking to personally erect, install, alter, repair, service or maintain electrical wiring in a single-family home and/or accompanying outbuildings owned and occupied or to be occupied by them. Nothing in this section shall be construed to permit a contractor licensed to do electrical or specialty work unless otherwise holding a valid permit to engage in electrical or specialty installation or work.
(Ord. 08-07. Passed 6-5-07; Ord. 05-2023. Passed 5-16-23.)
(a) All electrical contractors, fire alarm contractors and sign specialty contractors licensed by the State must register with the City Building Inspection Division before performing electrical work in the City. Upon registration, such electrical or specialty contractors shall be eligible to obtain permits from the Department as provided in Section 1422.07 when the person furnishes a certificate of insurance as required by Section 1422.06. The registration fee shall be established by as set out in the Fee, Bond, and Insurance schedule, provided for in § 802.24.
(b) Out-of-state electrical contractors, whose principle place of business is outside of the State, shall be licensed pursuant to Michigan Public Act of 407 of 2016 before performing electrical work in the City.
(Ord. 08-07. Passed 6-5-07; Ord. 05-2023. Passed 5-16-23.)
All electrical contractors, fire alarm contractors and sign specialty contractors shall maintain in full force and effect a public liability insurance policy insuring the licensee, their employees and agents and the City against any liability imposed by law arising out of the performance of any work governed by any of the provisions of this chapter. The policy shall be filed with the Building Inspection Division and shall provide a minimum coverage in an amount determined from time to time by the City Commission. Such insurance shall be maintained in full force and effect and termination or cancellation of the insurance shall automatically terminate or cancel the license granted under this chapter.
(Ord. 08-07. Passed 6-5-07; Ord. 05-2023. Passed 5-16-23.)
No permit shall be issued until the required fees are paid to the City as set out in the Fee, Bond, and Insurance schedule, provided for in § 802.24.
(Ord. 08-07. Passed 6-5-07; Ord. 05-2023. Passed 5-16-23.)
This chapter shall not be construed to affect the responsibility or liability of any person owning, operating, controlling or installing any electrical equipment for damages to persons or property, nor shall the City be held as assuming such liability by reason of the inspection, reinspection or other examination authorized under this chapter or by reason of the certificate of inspection issued as provided in this chapter or by reason of the approval or disapproval of any equipment authorized herein.
(Ord. 08-07. Passed 6-5-07.)
Any finding or decision of the Electrical Inspector under this chapter may be appealed to the Construction Board of Appeals by setting all the facts in a written petition and filing the same with the Inspections Division, attention Board of Appeals within such time as is prescribed by the Board by general rule. All decisions of the Board shall be final, but may be appealed to the Construction Code Commission as provided in Section 1422.12.
(Ord. 08-07. Passed 6-5-07; Ord. 05-2023. Passed 5-16-23.)
Any person aggrieved by an order, determination or decision of the Construction Board of Appeals may appeal to the Construction Code Commission within ten business days after filing of the decision with the enforcing agency or, in case of an appeal because of failure of a board of appeals to act within the prescribed time, at any time before filing of the decision.
(Ord. 08-07. Passed 6-5-07; Ord. 05-2023. Passed 5-16-23.)
(a) Except as otherwise provided, a person who violates or fails to comply with any of the provisions of this chapter is responsible for a Class D Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.
(b) Minor violations defined by the State Electrical Administrative Board, and the fine schedule for the same established by such Board, are hereby adopted by reference.
(c) In addition to the penalties provided for in this section, this chapter may be enforced by suit for injunction, action for damages or any equitable relief appropriate to the enforcement of the Michigan Electrical Code, as administered by the City of Battle Creek.
(Ord. 08-07. Passed 6-5-07.)