LOW-VOLTAGE ELECTRIC FENCE

PERMITTING EXEMPTION

Senate Bills 757 and 758 (reported from House committee

        without amendment)

Sponsor:  Sen. Marty Knollenberg

House Committee:  Communications and Technology

Senate Committee:  Energy and Technology

Complete to 6-7-18

                                                                                   (Enacted as Public Acts 331 and 332 of 2018)

SUMMARY:

Senate Bills 757 and 758 would amend the Skilled Trades Regulation Act and the Single State Construction Code Act, respectively, to exempt low-voltage electric fencing from permitting requirements.

Senate Bill 757 would amend Article 7 (Electricians and Electrical Contractors) within the Skilled Trades Regulation Act.

Currently, the act provides permitting exceptions for certain trades and contractors operating within a municipality that has adopted its own ordinance that meets specific standards listed under the law. However, the act specifies that an ordinance cannot require the procurement of a permit by a provider to install, maintain, replace, or service any electrical wiring, equipment, or devices associated with a business or home monitoring system.

The bill would add that an ordinance also cannot require the procurement of a permit by a provider to install, maintain, replace, or service a low-voltage electrical fence (see below).

MCL 339.5733

Senate Bill 758 would amend the Single State Construction Code Act.

Currently, a permit is not required for a provider to install, maintain, replace, or service any electrical wiring, equipment, or devices associated with a business or home monitoring system.

The bill would add that a provider also does not need a permit to install, maintain, replace, or service a low-voltage electrical fence.

Both bills would define low-voltage electrical fence as an alarm system that consists of a fence structure and an energizer that produces an electric charge on contact with the fence structure and that meets all of the following:

·         The low-voltage electric fence is installed in a location that is zoned for nonresidential use.

·         The energizer is powered by a commercial storage battery that does not exceed 12 volts.

·         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.

SB 758 would add to the above definition that such a fence must also meet all of the following:

·         Be identified using warning signs attached to the fence at intervals of not more than 60 feet. Each sign would include the international symbol for shock and be in both English and Spanish.

·         Be designed so that access to or within a fenced area is restricted because of secured openings or where immediate access is necessary for life-saving or firefighting purposes. A fire code official could require a key box to be installed in an accessible location. The key box would be of an approved type listed in accordance with UL 1037, and would contain keys to gain access as required by the fire code official.

·         Be completely enclosed by a nonelectric fence or wall.

HOUSE COMMITTEE ACTION:

The House Committee on Communications and Technology reported the Senate-passed versions of the bills without amendment.

FISCAL IMPACT:

Senate Bills 757 and 758 would not have significant fiscal impacts on any unit of state or local government.

POSITIONS:

A representative of Electric Guard Dog testified in support of the bills. (5-22-18)

                                                                                        Legislative Analyst:   Emily S. Smith

                                                                                                Fiscal Analyst:   Marcus Coffin

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.