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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)



STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL


Opinion No. 5985

September 29, 1981

ELECTRICAL ADMINISTRATIVE ACT:

Exclusion of telephone installers from licensing by municipalities

MUNICIPALITIES:

Right to license telephone installers

PUBLIC UTILITIES:

Licensing of telephone installers by municipalities

Installers employed by a telephone company may not be required by municipalities to obtain permits for telephone installations or to be licensed as electricians.

Honorable Bill S. Huffman

State Senator

State Capitol

Lansing, Michigan

You have requested my opinion whether municipalities may regulate the installation of telephones by telephone utility installers.

Municipalities are empowered to enforce the 1971 national electrical code by the Electrical Administrative Act, 1956 PA 217, as amended; MCLA 338.881 et seq; MSA 15.2061 et seq, to the extent not inconsistent with the provisions of the Construction Code Act of 1972, 1972 PA 230; MCLA 125.1501 et seq; MSA 5.2949 et seq, which supersedes 1956 PA 217, supra, as to inconsistent provisions only.

1956 PA 217, supra, Sec. 4, in pertinent part, provides:

'New construction and installation of electrical wiring in connection with all building and structures or properties located in a city, village or township within the state not excluded by this act shall be in conformity with not less than the minimum standards prescribed by the 1971 edition of the national electrical code for safety to life and property.'

In 1956 PA 217, supra, Sec. 6, the Legislature has provided:

'The provisions of this act, except for this section, shall not apply within the jurisdiction of any city, village or township which has adopted or hereafter adopts an ordinance providing standards for electrical wiring and its installation not less than those prescribed by the 1971 national electrical code and provides inspection service . . ..'

It is also necessary to consider the following portion of 1956 PA 217, Sec. 6, supra, which provides:

'[Nothing] contained herein shall be construed as limiting the power of a municipality to enact such ordinance or to provide for the licensing of persons, firms or corporations as contractors who have a place of business located in the municipality, or to provide for the licensing of journeymen electricians who reside in the municipality except that no such ordinance shall require the procurement of a license or permit thereunder to execute the classes of work specified in subsections (c), (d), (e) and (f) of section 7. . . .' (Emphasis added.)

Thus, municipalities were given the option of adopting and enforcing the 1971 national electrical code within their boundaries. However, this option was not without limitations.

In 1956 PA 216, supra, Sec. 7, in pertinent part, provides:

'No person, firm or corporation shall engage in the business of electrical contracting unless such person, firm or corporation shall have received from the board or from the appropriate municipality an electrical 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, in any manner undertake to execute any electrical wiring; except, no license shall be required by the board for the home owner to perform the work indicated in subsection (g) nor shall a license or permit be required to execute the work covered by subsections (a), (b), (c), (d), (e), (f) and (h), to execute the following classes of work:

(f) 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. . . .' (Emphasis added.)

From the foregoing, it is manifest that the Legislature gave neither to the electrical administrative board nor municipalities the authority to require a license or a permit for the installation, alteration or repair of equipment and associated wiring in connection with the generation and distribution of electric energy for the operation of signals or transmission of intelligence where such work is part of a communication system owned or operated by a telephone or telegraph company in the rendition of its duly authorized service as a telephone or telegraph company.

The Legislature further emphasized its intent in 1956 PA 217, supra, Sec. 8, by providing:

'This act shall not apply to municipalities making provision for inspection and licensing in accordance with the provisions of section 6 if the local requirements are not less than those prescribed in this act, or to private dwellings and their curtilage and farm buildings in cities, villages or townships of less than 5,000 population unless the governing body of such municipality by a majority vote shall elect to be covered by its provisions or to installations, in mines, ships, railway cars, automotive equipment, or the installations or equipment employed by a railway, electric or communication utility, in the exercise of its function as a utility.' (Emphasis added.)

It is well settled that telephone companies are utilities in Michigan. 1939 PA 3, as amended; MCLA 460.6; MSA 22.13(6). Michigan Bell Telephone v Ingham Circuit Judge, 325 Mich 228, 38 NW2d 382 (1949).

The Legislature statutorily determined that the national electrical code should be applicable in the state. Legislative history discloses that through 1974, as said code was updated, the Legislature amended the electrical administrative act to reflect the most recent edition thereof by statutorily incorporating it by reference. See for example, 1956 PA 216, Sec. 6 as last amended by 1974 PA 224, supra.

The Construction Code Act of 1972, 1972 PA 230, supra, was enacted and several sections thereof have a direct bearing upon your inquiry. They provide:

'Sec. 25. This act does not affect the functions of . . . the electrical administrative board with respect to the issuance of class 1, electrical contractor's licenses, class 2, master electricians' licenses and class 3, journeyman's licenses.'

'Sec. 26. Subject to other provisions of this act concerned with the relationship between the commission and the boards, the state plumbing and electrical administrative boards are transferred to the commission without alteration of their functions.' (Emphasis supplied.)

'Sec. 4. (1) The commission shall prepare and promulgate the state construction code consisting of rules governing the construction, use, and occupation of buildings and structures, including land area incidental to the buildings and structures, the manufacture and installation of building components and equipment, the construction and installation or premanufactured units, the standards and requirements for materials to be used in connection with the units, and other requirements relating to the safety, including safety from fire, and sanitation facilities of the buildings and structures.

4) The code shall be divided into sections as the commission considers appropriate including, without limitation, building, plumbing, electrical, and mechanical sections. The boards shall participate in and work with the staff of the commission in the preparation of parts relating to their functions. Before the promulgation of an amendment to the code, the boards whose functions relate to that code shall be permitted to draft and recommend to the commission proposed language. The commission shall give consideration to any submission by the boards. However, the commission has final responsibility for the promulgation of the code.' (Emphasis supplied.)

'Sec. 28. (1) Any provision of section 34 of Act No. 18 of the Public Acts of the Extra Session of 1933 being section 125.684 of the Michigan Compiled Laws; Act No. 266 of the Public Acts of 1929, as amended, being sections 338.901 to 338.917 of the Michigan Compiled Laws; Act No. 222 of the Public Acts of 1901, as amended, being sections 338.951 to 338.965 of the Michigan Compiled Laws; Act No. 217 of the Public Acts of 1956, as amended, being sections 338.881 to 338.892 of the Michigan Compiled Laws; and any other public act of the state which is inconsistent or in conflict with this act is superseded to the extent of the inconsistency or conflict.' (Emphasis supplied.)

There is no conflict between the Construction Code Act of 1972, supra, and the Electrical Administrative Act, supra, with respect to those portions of sections 6, 7 or 8 of the Electrical Administrative Act, supra, which exempt telephone companies in the exercise of their functions as utilities, since there is no reference in the Construction Code Act of 1972, supra, to telephone companies.

It is my opinion, therefore, that installers employed by a telephone company may not be required by municipalities to obtain permits for telephone installations or to be licensed as electricians.

Frank J. Kelley

Attorney General


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