CITY OF MONTROSECOUNTY OF WRIGHTSTATE OF MINNESOTAORDINANCE NO.: 2011-03AN ORDINANCE ALLOWING THE CITY TO CONTRACT FOR ELECTRICAL INSPECTIONS DURING THE STATE SHUTDOWN.
WHEREAS, the State of Minnesota has been unable to reach a budget agreement and has been forced to shut down all non essential services including electrical inspections; and
WHEREAS, in order to allow construction within the City to continue the City intends to contract with electrical inspectors to provide services during the State shutdown.
NOW, THEREFORE, THE CITY COUNCIL OF MONTROSE HEREBY ORDAINS:
Section 1. Authority. Pursuant to Minn. Stat. 326B.36 the City of Montrose hereby provides for the inspection of all electrical installations.
Section 2. Adoption of Electrical Code. Minnesota Rules Chapter 1315 incorporates the National Electric Code developed and published by the National Fire Protection Association into the State Building Code. The City hereby adopts the electrical provisions of the State Building Code including the National Electric Code as the City’s electrical code.
Section 3. Compliance with Code. All electrical installations shall comply with the requirements of the electrical code of the City of Montrose and this ordinance.
Section 4. Inspector.
A. There is hereby created the office of Electrical Inspector. The City Council shall appoint an electrical inspector, who may be an employee or an independent contractor.
B. Licensed Inspector: The Electrical Inspector shall be a licensed master or journeymen electrician as defined under Minnesota Statutes.
C. Duties of the Electrical Inspector: It shall be the duty of the Inspector to enforce the provisions of this Ordinance. The Inspector shall, upon application, grant permits for the installation or alteration of electrical equipment, and shall make inspections of electrical installations, all as provided in this Ordinance. The Inspector shall keep complete records of all permits issued, inspections and reinsertions made and other official work performed in accordance with the provisions of this Ordinance.
D. Authority of Electrical Inspector: The Inspector shall have the right during reasonable hours to enter any building or premises in the discharge of his official duties, or for the purpose of making any inspection, reinsertion or test of electrical equipment contained therein or its installation. When any electrical equipment is found by the Inspector to be dangerous to persons or property because it is defective or defectively installed, the person responsible for the electrical equipment shall be notified in writing and shall make any changes or repairs required in the judgment of the Inspector to place such equipment in safe condition. If such work is not completed within fifteen (15) days or any longer period that may be specified by the Inspector in said notice, the Inspector shall have the authority to disconnect or order discontinuance of electrical service to said electrical equipment. In cases of emergency where necessary for safety to persons and property, or where electrical equipment may interfere with the work of the Fire Department, the Inspector shall have the authority to disconnect or cause disconnection immediately of any electrical equipment.
Section 5. Permit.
A. A permit shall be required for electrical work regulated by the electrical code. Permits shall be issued according to Minnesota Rules Chapter 1300, this Ordinance, and the Montrose City Code.
B. Application and Plans. Application for such permit, describing the electrical work to be done, shall be made in writing, to the City by the person so registered to do such work. The application shall be accompanied by such plans, specifications and schedules as may be necessary to determine whether the electrical installation as described will be in conformity with all the legal requirements. The fees for electrical inspection as set forth in this Ordinance shall accompany such application. If applicant has complied with all of the provisions of this Ordinance, a permit for such electrical installation shall be issued.
Section 6. Inspections.
A. All electrical inspections shall be subject to and in conformance with the requirements and provisions of Minn. Statute 326B.36, except as specifically stated in this ordinance.
B. At regular intervals, the Electrical Inspector shall visit all premises where work may be done under annual permits and shall inspect all electrical equipment installed under such a permit since the day of his last previous inspection, and shall issue a certificate of approval for such work as is found to be in conformity with the provisions of this Ordinance, after the fee required has been paid.
C. When any electrical equipment is to be hidden from view by the permanent placement of parts of the building, the person installing the equipment shall notify the Electrical Inspector and such equipment shall not be concealed until it has been inspected and approved by the Electrical Inspector or until twenty four (24) hours, exclusive of Saturdays, Sundays and holidays, shall have elapsed from the time of such scheduled inspection; provided, that on large installations where the concealment of equipment proceeds continuously, the person installing the electrical equipment shall give the Electrical Inspector due notice and inspections shall be made periodically during the progress of the work.
D. If upon inspection, the installation is not found to be fully in conformity with the provisions of this Ordinance, the Electrical Inspector shall at once forward to the person making the installation a written notice stating the defects which have been found to exist.
Section 7. Fees.
A. Permit fees shall be as established in Minn. Statute 326B.37. In addition, a surcharge fee shall be collected on all permits issued for work governed by this ordinance in accordance with Minn. Statute 326B.148.
B. Fees Double, When: Should any person begin work of any kind, such as set forth in this Ordinance, or for which a permit from the Electrical Inspector is required by ordinance, without having secured the necessary permit therefore from the City either previous to or during the day of the commencement of any such work, or on the next succeeding day where such work is commenced on a Saturday or on a Sunday or a holiday, he shall, when subsequently securing such permit, be required to pay double the fees provided for such permit.
C. Additional Fees and/or Shortages: Additional fees and/or fee shortages must be received by the City within fourteen (14) days of written notice. If additional fees and/or fee shortages are not received within fourteen (14) days of notice, permits for electrical installations will not be accepted by the City until such time as the additional fees and/or fee shortages are received.
Section 8. Enforcement and penalties. Violations of the provisions of this chapter may be enforced by any one, all, or any combination of the following penalties and remedies:
(1) Violations may be enforced through the Administrative Enforcement Chapter of the City Code;
(2) Violations may be punishable as misdemeanor criminal offenses; and/or
(3) Violations may be enforced by injunction, abatement, mandamus, or any other appropriate remedy in any court of competent jurisdiction.
Section 9. Sunset. This Ordinance shall be revoked without further action of the City Council upon the enactment of a budget by the State of Minnesota to fund the Department of Labor and Industry for the state fiscal year beginning July 1, 2011.
Passed by the council this 11th day of July, 2011.
/s/ Andrew Kauffman, Mayor
/s/ Barbara Thwing-Swanson, City Administrator
Published in the Delano Herald Journal July 18, 2011.