220 Mich. 284 | Mich. | 1922
The plaintiff seeks to enjoin the defendants, who are officials of the department of building inspection of the city of Detroit, from enforcing the provisions of Act No. 884 of the Public Acts of 1919. The act is printed in full in the margin. The bill of complaint alleges that the act is unconstitutional and void for several reasons, among them, that the classification is so unreasonable and capricious as to be in violation of the “due process” clauses of the State and Federal Constitutions, and the “equal protection of the laws” clause of the Constitution of the United States. The trial court found the act subject to the claim thus made and granted the relief prayed for. From the decree rendered, defendants appeal.
The record shows that there are several kinds of heating plants, steam, hot water, warm air and stoves,
It seems clear to us that the classification here made is not based upon any real or substantial distinction. No sufficient reason has been pointed out for exercising the supervisory control provided for in the act over the installation of a warm air heater inclosed in metal with more than one pipe which does not equally
The following Michigan cases will be found instructive. People v. Berrien Circuit Judge, 124 Mich. 664 (50 L. R. A. 493, 83 Am. St. Rep. 352) ; Simpson v. Paddock, 195 Mich. 581; People v. Sperry & Hutchinson Co., 197 Mich. 532 (L. R. A. 1918A, 797); Haynes v. Lapeer Circuit Judge, 201 Mich. 138 (L. R. A. 1918D, 233); Davidow v. Wadsworth Manfg. Co., 211 Mich. 90. The question presented is fully discussed in 12 C. J. p. 1128, and 6 R. C. L. p. 374. The cases from other jurisdictions are there collected.
We are at all times reluctant to interfere with the
The decree is affirmed, with costs to appellee.
(No. 384.)
AN ACT to regulate and control the installation- of warm air heating plants, and to provide for the public safety and fire protection in such installations.
The People of the State of Michigan enact:
Section 1. Warm air heating plants, to which this act refers, consist of one or more furnaces inclosed in galvanized sheet iron, and do not include the' pipeless or one register heater.
Sec. 2. Before proceeding with the installation of any warm air heating plant in cities or villages within the State of Michigan, wherein provisions for building inspection exist, a permit therefor shall be obtained by the heating contractor or owner, from the department of building inspection, under whose jurisdiction the said plant is to be installed. The fee for such permit shall be one dollar which shall be paid by the person applying for such permit to the said department of building inspection, and all money so received shall be credited to the general fund of such city or village.
Sec. 3. Immediately following the completion of the installation of a warm air heating plant for which the necessary permit has been issued, the heating contractor or owner shall, in writing, so notify the aforesaid department of inspection, whereupon said department shall, immediately following the receipt of the aforesaid notice, cause the same to be carefully inspected, and unless complaint of a violation is made in writing within ten days the said installation will be deemed approved and favorably passed upon.
Sec. 5. All warm air heating plants shall be set on a brick, cement or such other non-combustible foundation as may be approved by the State fire marshal.
Sec. 6. All metal for furnace casings of warm air heating plants shall be not lighter than twenty-six gauge galvanized iron and shall be provided with! a lining of asbestos and black iron or corrugated tin.
Sec. 7. All stacks or wall pipes intended to conduct heated air to the second or third story shall be equal in cross-sectional area to at least two-thirds of the cross-sectional area of the round basement pipes intended for connection therewith.
Sec. 9. The cold air for warm air heating plants may be taken either from the inside or outside or may be taken partially from outside and partially from within; in no case, however, shall the cold air be supplied from any basement cellar or furnace room. The cold air to any warm air heating plant shall be conducted to the furnace or heater through galvanized iron, brick or tile boxes, the joints of which shall be dust tight.
Seo. 10. Round basement pipes for connections between casings of warm air heating plant furnaces or heaters and registers, boxes or wall pipes, having diameters of twelve inches or less, shall be made of I. C., or heavier, bright tin, and those having diameters of over twelve inches shall be made of I. X. bright tin or galvanized iron, not lighter than twenty-eight U. S. standard gauge, and shall have an elevation of at least one inch to the foot. Basement pipes forming connections between warm air heating plant furnace or heater casing and register boxes or wall pipes, shall have horizontal runs of not less than two feet between the casing collar and the register box or wall pipe, except in stores, churches and buildings of one room when a register face fitted with a border can be used. Round basement
Seo. 11. All smoke pipes must be of at least twenty-four gauge black 'iron, and must be as large as smoke pipe collar of furnace provided by manufacturers. Should smoke pipes pass through wooden walls they shall be provided with ventilating or safety thimbles with inside diameter at least two inches greater than the said smoke pipe. The smoke pipe opening through the thimble shall have guides or braces so arranged as to maintain an open space of one inch entirely surrounding the smoke pipe. There shall be a space of not less than eight inches between any smoke pipe and exposed wood or plastered wooden walls or partitions. All exposed wood or wood covered with plaster that may be within twelve inches of smoke pipe shall be shielded or protected by coverings of sheet metal with lining of asbestos sheeting, or such other protection as may be approved by the State fire marshal.
Sec. 12. A furnace or heater to be installed as component of a complete warm air heating plant shall be set or erected as near as possible to the center of the building in which it is to be installed. The owner, agent, architect or builder shall make
Seo. 13. The owner, agent, superintendent, architect or contractor of any new building in which a warm air heating plant is to be installed, shall make ample provisions for the reception of register boxes and wall pipes intended for installation in walls or partitions! of such building.
Seo. 14. The State fire marshal shall make such rules and regulations as may be necessary to carry any of the requirements of this bill into effect, and any person, firm or corporation. who shall violate any provision of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine not to exceed -fifty dollars, or imprisonment in the county jail for a period of not to exceed thirty days, or both in the discretion of the court.
Seo. 15. This act shall not apply to the installation of heating and ventilating plants in schoolhouses, nor shall it be construed as repealing any of the provisions contained in act number seventeen, Public Acts of nineteen hundred fifteen, nor any amendments thereto.
Approved May 13, 1919.