SB-1185, As Passed Senate, December 4, 2018

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 1185

 

 

November 8, 2018, Introduced by Senator ROBERTSON and referred to the Committee on Regulatory Reform.

 

 

 

     A bill to amend 2016 PA 407, entitled

 

"Skilled trades regulation act,"

 

by amending section 733 (MCL 339.5733), as amended by 2018 PA 331.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 733. (1) Except as otherwise provided in this section,

 

this article does not apply in the jurisdiction of a municipality

 

that adopts or has adopted an ordinance that does all of the

 

following:

 

     (a) Provides standards for the examination and licensing of

 

master electricians, electrical or specialty contractors,

 

electrical journeymen, sign specialists, and fire alarm specialty

 

technicians and the registration of apprentice electricians and

 

fire alarm specialty apprentice technicians that are at least as

stringent as those established in this article.

 

     (b) Provides for enforcement that is substantially similar to

 

this article.

 

     (c) Provides for civil and criminal penalties and a citation

 

system for minor violations substantially similar to article 5.

 

     (d) Provides for the inspection of electrical wiring and

 

equipment.

 

     (2) This article shall not be construed as limiting the power

 

of a municipality to enact an ordinance described in subsection

 

(1), to provide for the licensing of persons as electrical or

 

specialty contractors that have a place of business located in the

 

municipality, or to provide for the licensing of journeymen

 

electricians, sign specialists, or fire alarm specialty technicians

 

who reside in the municipality, except that the ordinance shall not

 

require any of the following:

 

     (a) The procurement of a license or permit to execute the

 

classes any class of work specified in section 737(3)(c), (d), (e),

 

and or (f).

 

     (b) The procurement of a permit by a provider to install,

 

maintain, replace, or service any electrical wiring, equipment, or

 

devices associated with a business monitoring system, a home

 

monitoring system, or a low-voltage electric fence.

 

     (c) The procurement of a license or permit by a provider to

 

install, maintain, replace, or service a security alarm system.

 

     (d) The procurement of public liability insurance in excess of

 

the coverage required under this article.

 

     (e) That an individual be licensed with, register with, or

obtain the approval of the municipality or of the municipality's

 

licensing board to participate in an apprenticeship or training

 

program.

 

     (3) A license or registration issued by the board under this

 

article and licenses issued by a municipality that has standards

 

for licensing at least as stringent as those established by the

 

board shall be recognized by all municipalities.

 

     (4) A municipality that provides for electrical inspection by

 

local ordinance may require all electrical or specialty

 

contractors, sign specialists, fire alarm specialty technicians,

 

and classes of electricians doing work in the municipality to

 

register in accordance with its local ordinance.

 

     (5) Municipal registration requirements shall be reciprocal

 

between the municipalities and between municipalities and the board

 

as to registration requirements and fees, except that licensed

 

electrical journeymen, sign specialists, and fire alarm specialty

 

technicians are not required to register to work in municipalities

 

under the jurisdiction of the board. A municipality shall

 

officially recognize a license or registration issued under this

 

article for purposes of its ordinance.

 

     (6) As used in this section:

 

     (a) "Business monitoring system" means a device or an assembly

 

of equipment and devices, less than 50 volts, that allows a

 

business to remotely monitor its business premises through audio,

 

video, or sensor detection systems. A business monitoring system

 

does not include a fire alarm system or a life safety system

 

designed to protect and evacuate building occupants in the event of

emergencies such as fire, smoke, or power outages.

 

     (b) "Home monitoring system" means a device or an assembly of

 

equipment and devices that allows individuals to remotely monitor

 

their home through audio, video, or sensor detection systems and

 

that may allow them to remotely control the home's environment,

 

including, but not limited to, controlling temperature, humidity,

 

lighting, doors, or locks.

 

     (c) "Low-voltage electric fence" means an alarm system that

 

consists of a fence structure and an energizer that produces an

 

electric charge on contact with the fence structure and meets all

 

of the following:

 

     (i) The low-voltage electric fence is installed in a location

 

that is zoned for nonresidential use.

 

     (ii) The energizer is powered by a commercial storage battery

 

that does not exceed 12 volts.

 

     (iii) The electric charge produced by the low-voltage electric

 

fence upon contact does not exceed energizer characteristics set

 

forth in paragraph 22.108 and depicted in figure 102 of

 

international electrotechnical commission standard, IEC 60335-2-76,

 

current edition.

 

     (d) "Provider" means a system provider that is registered

 

under the security alarm systems act, 2012 PA 580, MCL 338.2181 to

 

338.2187, or a security alarm system contractor that is licensed

 

under the private security business and security alarm act, 1968 PA

 

330, MCL 338.1051 to 338.1092.

 

     (e) "Security alarm system" means that term as defined in

 

section 2 of the security alarm systems act, 2012 PA 580, MCL

338.2182, or section 2 of the private security business and

 

security alarm act, 1968 PA 330, MCL 338.1052.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.