HB-4703, As Passed Senate, November 9, 2004
SUBSTITUTE FOR
HOUSE BILL NO. 4703
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 12501, 12505, 12506, 12507, 12508, 12509,
12512, 12513, 12514, 12516, 12521, 12527, 12527a, 12528, 12529,
and 12532 (MCL 333.12501, 333.12505, 333.12506, 333.12507,
333.12508, 333.12509, 333.12512, 333.12513, 333.12514, 333.12516,
333.12521, 333.12527, 333.12527a, 333.12528, 333.12529, and
333.12532), section 12501 as amended by 1982 PA 525, section
12527 as amended by 1980 PA 522, and sections 12527a and 12532 as
amended by 1985 PA 19, and by adding sections 12506a, 12506b,
12510, and 12527b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 12501. (1) As used in sections 12501 to 12516:
2 (a) "Campground" means a parcel or tract of land under the
3 control of a person in which sites are offered for the use of the
1 public or members of an organization, either free of charge or
2 for a fee, for the establishment of temporary living quarters for
3 5 or more recreational
units. "Campground" shall not include a
4 "seasonal mobile
home park" Campground does
not include a
5 seasonal mobile home park
licensed under Act No. 419 of the
6 Public Acts of 1976,
as amended, being sections 125.1101 to
7 125.1147 of the
Compiled Laws of 1970 the mobile
home commission
8 act, 1987 PA 96, MCL 125.2301 to 125.2349.
9 (b) "Department" means the department of environmental
10 quality.
11 (c) "Local health department" means that term as defined
12 under section 1105.
13 (d) (b) "Mobile
home" means a structure, transportable in 1
14 or more sections, which is built on a chassis and designed to be
15 used as a dwelling with or without permanent foundation, when
16 connected to the required utilities, and includes the plumbing,
17 heating, air conditioning, and electrical systems contained in
18 the structure.
19 (e) (c) "Person"
means a person as defined in section 1106
20 or a governmental entity.
21 (f) (d) "Recreational
unit" means a tent or vehicular-type
22 structure, primarily designed as temporary living quarters for
23 recreational, camping, or travel use, which either has its own
24 motive power or is mounted on or drawn by another vehicle which
25 is self-powered. A tent means a collapsible shelter of canvas or
26 other fabric stretched and sustained by poles and used for
27 camping outdoors. Recreational unit includes the following:
1 (i) A travel trailer, which is a vehicular portable
2 structure, mounted on wheels, of such a size or weight as not to
3 require special highway movement permits when drawn by a vehicle,
4 primarily designed and constructed to provide temporary living
5 quarters for recreational, camping, or travel use.
6 (ii) A camping trailer, which is a vehicular portable
7 structure mounted on wheels and constructed with collapsible
8 partial sidewalls of fabric, plastic, or other pliable material
9 which fold for towing by another vehicle and unfold at the
10 campsite to provide temporary living quarters for recreational,
11 camping, or travel use.
12 (iii) A motor home, which is a vehicular structure built on a
13 self-propelled motor vehicle chassis, primarily designed to
14 provide temporary living quarters for recreational, camping, or
15 travel use.
16 (iv) A truck camper, which is a portable structure designed
17 to be loaded onto, or affixed to, the bed or chassis of a truck,
18 constructed to provide temporary living quarters for
19 recreational, camping, or travel use. Truck campers are of 2
20 basic types:
21 (A) A slide-in camper, which is a portable structure designed
22 to be loaded onto and unloaded from the bed of a pickup truck,
23 constructed to provide temporary living quarters for
24 recreational, camping, or travel use.
25 (B) A chassis-mount camper, which is a portable structure
26 designed to be affixed to a truck chassis, and constructed to
27 provide temporary living quarters for recreational, camping, or
1 travel use.
2 (v) A single sectional mobile home used only to provide
3 temporary living quarters for recreational, camping, or travel
4 use. Recreational unit does not include a mobile home used as a
5 permanent dwelling, residence, or living quarters.
6 (2) In addition, article 1 contains general definitions and
7 principles of construction applicable to all articles in this
8 code.
9 Sec. 12505. (1) A
person shall not begin to construct,
10 alter, or engage in the development of a campground without first
11 obtaining a construction permit from the department.
12 Applications for a
construction permit shall be submitted to the
13 local health
department which shall forward the application to
14 the department along with the fee as prescribed in section
15 12506a. The application shall contain the following:
16 (a) A description of the proposed project.
17 (b) The name and address of the applicant.
18 (c) The location of the proposed project.
19 (2) A
construction permit is not required for a campground
20 owned or operated by
the state, but the other requirements of
21 sections 12501 to
12516 and rules specified for other campground
22 owners shall apply.
23 Sec. 12506. (1) A person shall not operate a campground
24 without a campground license issued by the department, its agent
25 or representative, or a representative of a designated local
26 health department. An application for a campground license shall
27 be submitted to the
local health department which shall forward
1 the application to the department, its agent or representative,
2 or a representative of a designated local health department along
3 with the license fee as prescribed in section 12506a.
4 (2) The application shall contain the following:
5 (a) The name and address of the applicant.
6 (b) The location of the campground.
7 (c) Information regarding physical facilities.
8 (2) A fee of
$25.00 shall accompany each application for a
9 campground license.
The license fee shall be deposited in the
10 city or county general
fund or other authorized fund. A
11 governmental entity is
exempt from payment of the license fee.
12 (3) The campground license shall expire on December 31 of
13 each every third year if the annual renewal fee
is paid or as
14 stipulated on the license, whichever is sooner.
15 (4) A campground
license is not required for a campground
16 owned or operated by
the state, but the other requirements of
17 sections 12501 to
12516 and rules governing other campground
18 owners shall apply.
19 Sec. 12506a. (1) The fees related to campground regulation
20 under this part are as follows:
21 (a) Construction permit fee for a new campground..... $600.00.
22 (b) Construction permit fee for an addition,
23 alteration, or modification of an existing campground.. $225.00.
24 (c) Initial or annual renewal license fee for a new or
25 temporary campground as follows:
26 (i) One to 25 sites.................................. $75.00.
27 (ii) Twenty-six to 50 sites.......................... $100.00.
1 (iii) Fifty-one to 75 sites.......................... $125.00.
2 (iv) Seventy-six to 100 sites........................ $150.00.
3 (v) One hundred one to 500 sites..................... $225.00.
4 (vi) More than 500 sites............................. $500.00.
5 (d) Late annual renewal license fee, after December
6 31..................................................... $100.00.
7 (e) License transfer fee............................. $75.00.
8 (2) The department may adjust the amounts prescribed in
9 subsection (1) every 3 years by an amount determined by the state
10 treasurer to reflect the cumulative annual percentage change in
11 the Detroit consumer price index and rounded to the nearest
12 dollar.
13 Sec. 12506b. (1) The campground fund is created in the
14 state treasury and shall be administered by the department. The
15 state treasurer shall credit to the campground fund all fees
16 collected by the department under section 12506a and all money,
17 gifts, and devises received by the fund as otherwise provided by
18 law.
19 (2) The unencumbered balance remaining in the fund at the
20 close of the fiscal year shall remain in the fund and shall not
21 revert to the general fund.
22 (3) The money in the campground fund shall be expended only
23 as provided in this section. The department shall use the fund
24 to implement this part and to carry out its powers and duties
25 under sections 12501 to 12516. The department shall not use the
26 money in the campground fund for inspections of any mobile home
27 parks licensed under the mobile home commission act, 1987 PA 96,
1 MCL 125.2301 to 125.2349.
2 (4) The department shall annually prepare a report containing
3 an accounting of revenues and expenditures from the campground
4 fund. This report shall include details of the departmental
5 costs and activities of the previous year in administering this
6 campground program. This report shall be provided to the senate
7 and house of representatives appropriations committees, the
8 standing committees of the senate and house of representatives
9 with jurisdiction over issues pertaining to natural resources and
10 the environment, and the senate and house of representatives
11 fiscal agencies.
12 Sec. 12507. Before an application for a campground license
13 is approved, the
department, or the its agent or
14 representative, or a representative of a designated local health
15 department shall determine that the campground contains
16 facilities which meet the requirements prescribed in rules
17 promulgated under section 12511.
18 Sec. 12508. (1) Upon approval of the application for a
19 campground license, the department, its agent or representative,
20 or a representative of a designated local health department shall
21 issue a campground license which shall be displayed in a
22 conspicuous place on the campground.
23 (2) If the application is not approved, the department, its
24 agent or representative, or a representative of a designated
25 local health department shall give written notice of its denial
26 to the applicant stating reasons for the denial. The applicant
27 may request reconsideration of the application after correction
1 of the reasons for the denial or may request a hearing before the
2 director department, or an authorized representative of
the
3 director department, on the denial within 10 days after
receipt
4 of the denial. The hearing shall be held not later than 20 days
5 after receipt of the request.
6 (3) A person
aggrieved by the decision of the director
7 department or its authorized representative may appeal to the
8 courts as provided by the administrative procedures act of 1969.
9 Sec. 12509. A campground license shall not be transferred
10 to another person except where the transferee complies with all
11 the requirements to be licensed under sections 12501 to 12516 and
12 the department
expressly consents in writing to the transfer
13 upon submission of an application and the license transfer fee as
14 prescribed in sections 12506 and 12506a.
15 Sec. 12510. (1) If a representative of the designated local
16 health department performs annual inspections of campgrounds that
17 are applying for a new license, renewal license, or temporary
18 license and have submitted the applicable license fee to the
19 department, the department shall approve payments of $25.00 per
20 campground to that local health department.
21 (2) The state treasurer shall make the payments upon receipt
22 of approval from the department.
23 (3) A designated local health department may collect
24 additional fees as provided under section 2444 from the owner of
25 a campground for services provided under sections 12501 to 12516.
26 Sec. 12512. (1) The department, its agent or
27 representative, or a representative of a designated local health
1 department shall give written notice to a licensee who fails to
2 comply with sections 12501 to 12516 or a rule promulgated under
3 those sections. The notice shall specify the particular
4 violations and a date by which the licensee shall comply. The
5 time given for compliance shall depend upon the nature of the
6 violation.
7 (2) If the licensee does not comply within the time
8 specified, the department, its agent or representative, or a
9 representative of a designated local health department may, in
10 accordance with the administrative procedures act of 1969, revoke
11 the license. If the licensee files a request for a hearing
12 within 60 calendar days after the licensee receives notice of
13 revocation, the department shall hold a hearing.
14 (3) Before
revocation the director, or an authorized
15 representative of the
director, shall hold a hearing and give
16 written notice thereof
by certified mail at least 14 days before
17 the date of the
hearing, and shall set forth in writing the
18 charges against the
licensee. The hearing shall be held
19 according to the
administrative procedures act of 1969. After
20 the hearing, the
director shall decide whether the license shall
21 be revoked. A license revoked under subsection (2) shall not
be
22 reissued by the department, its agent or representative, or a
23 representative of a designated local health department until it
24 has been determined that the violations have been corrected.
25 (4) A licensee
aggrieved by a decision of the director
26 department, its agent or representative, or a representative of a
27 designated local health department to revoke the license may
1 appeal to the courts a
court of competent jurisdiction as
2 provided by the administrative procedures act of 1969.
3 Sec. 12513. (1) The director shall appoint an advisory
4 board with broad geographical distribution of members to advise
5 on the administration of sections 12501 to 12516 and the
6 preparation and administration of rules promulgated under those
7 sections.
8 (2) The board shall
consist of 11 15 members as follows: 1
9 representing the Michigan mobile
home and recreational vehicle
10 institute association of recreation vehicles and campgrounds;
1
11 representing the association of RV parks and campgrounds of
12 Michigan; 2 representing consumers, including 1 who represents a
13 recognized campground
users association; 2 3 campground owners
14 or operators, including 1 who represents a primitive type of
15 campground; 2 representing counties; 1 representing townships; 1
16 representing cities and villages; 2 representing local health
17 departments; the director of the department of natural resources
18 or his or her authorized representative; and the director or his
19 or her authorized representative.
20 (3) Except for the directors of the departments, or their
21 authorized representatives, the members shall serve for a term of
22 3 years. However, of the members first appointed, 3 members
23 shall serve for a 1-year term, 3 members shall serve for a 2-year
24 term, and 3 members shall serve for a 3-year term.
25 Sec. 12514. An authorized
agent or representative of the
26 department or a representative of a designated local health
27 department shall have access during all reasonable hours to a
1 campground for the purpose of inspection or otherwise carrying
2 out sections 12501 to 12516.
3 Sec. 12516. (1) A person who violates sections 12501 to
4 12515 is guilty of a misdemeanor.
5 (2) Notwithstanding the existence of any other remedy, the
6 department, or
the its agent or representative, or a
7 representative of a designated local health department may
8 maintain an action in the name of the state for an injunction
9 against a person to restrain or prevent the construction,
10 enlargement, or alteration of a campground without a permit, or
11 the operation or conduct of a campground without a license.
12 Sec. 12521. As used in sections 12521 to 12534:
13 (a) "Department" means the department of environmental
14 quality.
15 (b) "Local health department" means that term as defined
16 under section 1105.
17 (c) (a) "Person"
means a person as defined in section 1106
18 or a governmental entity.
19 (d) (b) "Public
swimming pool" means an artificial body of
20 water used collectively by a number of individuals primarily for
21 the purpose of swimming, wading, recreation, or instruction and
22 includes related equipment, structures, areas, and enclosures
23 intended for the use of individuals using or operating the
24 swimming pool such as equipment, dressing, locker, shower, and
25 toilet rooms. Public swimming pools include those which are for
26 parks, schools, motels, camps, resorts, apartments, clubs,
27 hotels, mobile home parks, subdivisions, waterparks, and the
1 like. A pool or portable pool located on the same premises with
2 a 1-, 2-, 3-, or 4-family dwelling and for the benefit of the
3 occupants and their guests, a natural bathing area such as a
4 stream, lake, river, or man-made lake or pond that uses water
5 from natural sources and has an inflow and outflow of natural
6 water, an exhibitor's swimming pool built as a model at the site
7 of the seller and in which swimming by the public is not
8 permitted, or a pool serving not more than 4 hotel, motel,
9 apartment, condominium, or similar units is not a public swimming
10 pool.
11 Sec. 12527. (1) A public swimming pool shall not be
12 operated without an
operation permit a license.
13 (2) A person engaged in the operation of a public swimming
14 pool shall obtain a permit
license to operate the swimming pool
15 from the department, its agent or representative, or a
16 representative of a designated local health department and shall
17 pay an initial operation
permit or renewal fee as specified in
18 section 12527a.
19 (3) An operation
permit A license shall be displayed by the
20 owner in a conspicuous place on the premises.
21 (4) An operation
permit A license shall expire December 31
22 of each every
third year if the annual renewal fee is paid or
23 as stipulated on the license, whichever is sooner.
24 (5) An operation
permit A license shall be renewed upon
25 receipt of a proper application, an annual renewal fee as
26 specified in section 12527a, and evidence that the public
27 swimming pool is being operated and maintained in accordance with
1 sections 12521 to 12534 and the applicable rules and
2 regulations.
3 (6) An operation
permit A license shall not be transferred
4 to another person but it
may be replaced by another operation
5 permit license upon receipt of a proper application
and the fee
6 specified in section 12527a.
7 Sec. 12527a. (1) The fees related to swimming pool
8 regulation under this part are as follows:
9 (a) Construction
permit fees for a swimming pool,
10 except as provided in
subdivision (b).................. $200.00
11 (b) Construction
permit fee for each additional
12 swimming pool of the
same design, constructed at the
13 same site, and at the
same time........................ $100.00
14 (c) Initial
operation permit fee for a swimming pool,
15 except as provided in
subdivision (d).................. $200.00
16 (d) Initial
operation permit fee for each additional
17 swimming pool of the
same design, constructed at the
18 same site, and at the
same time........................ $100.00
19 (e) Renewal
operation permit fee, to March 31........ $50.00
20 (f) Renewal
operation permit fee, after March 31..... $75.00
21 (g) Renewal
operation permit fee, after lapse of 1
22 licensure year without
an operation permit............. $100.00
23 (h) Replacement
operation permit fee for transfer to
24 another person.........................................
$50.00
25 (a) Construction permit fee for a swimming pool with a
26 surface area as follows:
27 (i) 500 square feet or less.......................... $550.00
1 (ii) 501 to 1,500 square feet........................ $700.00
2 (iii) 1,501 to 2,400 square feet..................... $800.00
3 (iv) 2,401 to 4,000 square feet...................... $1,300.00
4 (v) More than 4,000 square feet...................... $1,800.00
5 (b) Construction permit fee for modification of an
6 existing swimming pool................................. $275.00
7 (c) Initial license fee for a swimming pool with a surface
8 area as follows:
9 (i) 500 square feet or less.......................... $550.00
10 (ii) 501 to 1,000 square feet........................ $600.00
11 (iii) 1,001 to 1,500 square feet..................... $625.00
12 (iv) 1,501 to 2,000 square feet...................... $650.00
13 (v) 2,001 to 2,500 square feet....................... $700.00
14 (vi) 2,501 to 3,500 square feet...................... $800.00
15 (vii) 3,501 to 4,500 square feet..................... $900.00
16 (viii) More than 4,500 square feet................... $1,000.00
17 (d) Initial license fee for a modified swimming pool. $275.00
18 (e) Annual renewal license fee, to December 31....... $55.00
19 (f) Late annual renewal license fee, after December
20 31 through April 30.................................... $100.00
21 (g) Lapsed annual renewal license fee, after April 30 $150.00
22 (h) Replacement license fee for transfer to another
23 person................................................. $50.00
24 (2) The department may adjust the amounts prescribed in
25 subsection (1) every 3 years by an amount determined by the state
26 treasurer to reflect the cumulative annual percentage change in
27 the Detroit consumer price index and rounded to the nearest
1 dollar.
2 (3) A person that has a valid, current permit to operate a
3 public swimming pool on the effective date of the amendatory act
4 that added this subsection is not required to pay an initial
5 license fee as specified in this section.
6 Sec. 12527b. (1) The public swimming pool fund is created
7 in the state treasury and shall be administered by the
8 department. The state treasurer shall credit to the public
9 swimming pool fund all fees collected by the department under
10 section 12527a and all money, gifts, and devises received by the
11 fund as otherwise provided by law.
12 (2) The unencumbered balance remaining in the fund at the
13 close of the fiscal year shall remain in the fund and shall not
14 revert to the general fund.
15 (3) The money in the public swimming pool fund shall be
16 expended only as provided in this section. The department shall
17 use the fund to implement this part and to carry out its powers
18 and duties under sections 12521 to 12534. The department shall
19 not use the money in the public swimming pool fund for
20 inspections of any mobile home parks licensed under the mobile
21 home commission act, 1987 PA 96, MCL 125.2301 to 125.2349.
22 (4) The department shall annually prepare a report containing
23 an accounting of revenues and expenditures from the public
24 swimming pool fund. This report shall include details of the
25 departmental costs and activities of the previous year in
26 administering this public swimming pool program. This report
27 shall be provided to the senate and house of representatives
1 appropriations committees, the standing committees of the senate
2 and house of representatives with jurisdiction over issues
3 pertaining to natural resources and the environment, and the
4 senate and house of representatives fiscal agencies.
5 Sec. 12528. If upon
investigation, the department, or
6 designated its agent or representative, or a representative
of a
7 designated local health department finds that a public swimming
8 pool was not constructed or modified in accordance with the
9 approved plans and
specifications, the department, or
10 designated its agent or representative, or a representative
of a
11 designated local health department shall give written notice to
12 the applicant that the operation
permit license will not be
13 issued, citing the deficiencies or noncomplying items that
14 constitute the reasons
for not issuing the operation permit
15 license and a date by which the licensee shall comply. An
16 applicant who fails to correct the deficiencies or noncomplying
17 items within the time
specified shall be denied an operation
18 permit a license.
19 Sec. 12529. The department may, in accordance with the
20 administrative procedures act of 1969, revoke the operation
21 permit license upon a finding that the pool is not
being
22 operated or maintained in accordance with sections 12521 to 12534
23 or the rules. A person aggrieved by a decision of the department
24 shall be granted a
hearing. A permit or its
authorized
25 representative to revoke the license may appeal to a court of
26 competent jurisdiction as provided by the administrative
27 procedures act of 1969. A license that has been revoked shall be
1 reissued only when the department determines the deficiencies are
2 corrected.
3 Sec. 12532. (1) The department may approve payments for
4 each public
swimming pool granted an initial operation permit
5 license and each renewal operation
permit license to a
6 designated local health department when the fees are collected by
7 the state from the designated local health department's
8 respective area, as follows:
9 (a) Initial operation
permit license fee for a
10 swimming pool ,
except as provided in subdivision (b) $100.00
11 (b) Initial
operation permit for each additional
12 swimming pool of the
same design, constructed at the
13 same site, and at the
same time........................ $ 50.00
14 (b) (c)
Renewal operation permit, to March 31
15 Annual renewal license fee............................. $ 30.00
16 (c) (d)
Renewal operation permit, after March 31
17 Late annual renewal license fee........................ $ 45.00
18 (d) (e)
Renewal operation permit, after lapse of 1
19 licensure year without
an operation permit Lapsed
20 annual renewal license fee............................. $ 70.00
21 (2) The state treasurer shall make the payments upon receipt
22 of approval from the department.
23 (3) A designated local health department may collect
24 additional fees as provided under section 2444 from the owner of
25 a swimming pool for services provided under sections 12521 to
26 12534.
27 Enacting section 1. This amendatory act takes effect
1 October 1, 2004.