SB-1133, As Passed House, May 24, 2006

SUBSTITUTE FOR

SENATE BILL NO. 1133

(As amended, May 9, 2006)

      A bill to amend 1941 PA 207, entitled

"Fire prevention code,"

by amending sections 1, 2, 2a, 2b, 2c, 3b, 3c, 3e, 4, 5a, 5c, 5d,

5e, 5g, 5h, 5i, 5j, 5n, 5o, 5p, 6, 10, 16, 21b, 21c, 21d, 23, 24,

26, 28, 29, 30, 31, and 32 (MCL 29.1, 29.2, 29.2a, 29.2b, 29.2c,

29.3b, 29.3c, 29.3e, 29.4, 29.5a, 29.5c, 29.5d, 29.5e, 29.5g,

29.5h, 29.5i, 29.5j, 29.5n, 29.5o, 29.5p, 29.6, 29.10, 29.16,

29.21b, 29.21c, 29.21d, 29.23, 29.24, 29.26, 29.28, 29.29, 29.30, 29.31,

and 29.32), sections 1, 3b, 3c, 5a, 5c, 5d, 5e, and 31 as amended by

1996 PA 152, sections 2a and 21c as amended and sections 2b, 3e,

and 5i as added by 1980 PA 247, section 2c as added by 1996 PA

147, section 4 as amended by 1980 PA 516, section 5g as amended

    Senate Bill No. 1133 as amended May 9, 2006

by 1987 PA 70, sections 5j, 5n, and 5o as added by 1981 PA 186,

section 5p as added by 1986 PA 67, section 6 as amended by 2001

PA 32, and sections 26, 28, 29, 30, and 32 as added by 1982 PA

144, and by adding sections 1b, 1c, 1d, and 1e; and to repeal

acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1        Sec. 1. As used in this act:

 2        (a) "Bureau" means the bureau of fire services created in

 3  section 1b.

 4  (b)  (a) "Director" means the director of the department of

 5  state police  labor and economic growth.

 6  (c)  (b) "Department" means the department of  state police

 7  labor and economic growth.

 8  (d)  (c) "Building" means a structure, framework, or place

 9  for housing 1 or more persons  and includes  or a tank,

10  receptacle, or container for the storage of commodities or other

11  materials.

12  (e)  (d) "Premises" means a lot or parcel of land,

13  exclusive of buildings, and includes a parking lot, tourist camp,

14  trailer camp, airport, stockyard, junkyard, wharf, pier, and any

15  other place or enclosure.  , however owned, used, or occupied.

16  (f)  (e) "Fire hazard" means a building, premises, place,

17  or thing  which by reason that, because of its nature, location,

18  occupancy, condition, or use, may cause loss, damage, or injury

19  to persons or property by  reason of  fire, explosion, or action

20  of the elements.

21  (g)  (f) "Person" means an individual, partnership,

 1  corporation, or voluntary association.

 2  (h)  (g) "Owner" means a person with an ownership interest

 3  in property, and includes a trustee, a board of trustees of

 4  property,  or and a person  having with a freehold interest in

 5  property. Owner does not include a lessee or mortgagee of

 6  property.

 7  (i)  (h) "Organized fire department" means  an organization

 8  or department which provides fire suppression and other fire

 9  related services within a city, village, or township and is a

10  fire department of a city, village, or township, or a fire

11  service designated by a city, village, or township, pursuant to a

12  contract. Organized fire department includes a department of

13  county employees who are responsible for fire suppression and

14  other fire related services for an airport operated by the county

15  or an agency of the county.  a department, authority, or other

16  governmental entity that safeguards life and property from damage

17  from explosion, fire, or disaster and that provides fire

18  suppression and other related services in this state. Organized

19  fire department includes any lawfully organized firefighting

20  force in this state.

21  (j)  (i) "State fire marshal" means the  director or an

22  officer of the department  individual appointed by the director

23  to implement this act  under section 1b.

24  (k)  (j) "Firm" means a sole proprietorship, partnership,

25  association, or corporation.

26  (l)  (k) "Vehicle" means a tank vehicle or bulk

27  transportation vehicle, excluding the tractor of a tank vehicle

 1  or bulk transportation vehicle.

 2  (m)  (l) "Hazardous material" means explosives,

 3  pyrotechnics, flammable gas, flammable compressed gas,

 4  nonflammable compressed gas, flammable liquid, combustible

 5  liquid, oxidizing material, poisonous gas, poisonous liquid,

 6  irritating material, etiologic material, radioactive material,

 7  corrosive material, or liquefied petroleum gas.

 8  (n)  (m) "Fire fighter"  "Firefighter" means a member of an

 9  organized fire department,  who is responsible for fire

10  suppression and other fire related services  including a

11  volunteer member or a member paid on call, who is responsible

12  for, or is in a capacity that includes responsibility for, the

13  extinguishment of fires, the directing of the extinguishment of

14  fires, the prevention and detection of fires, and the enforcement

15  of the general fire laws of this state. Firefighter does not

16  include a person whose job description, duties, or

17  responsibilities do not include direct involvement in fire

18  suppression.

19  (o)  (n) "Place of public assemblage" means a room or other

20  space in a building  which if the room or other space can

21  accommodate 50 or more individuals, including  all  connected

22  rooms and  space which spaces that share a common means of

23  entrance and egress. Place of public assemblage does not include

24  a private 1- or 2-family dwelling.

25  (p)  (o) "Fire chief" or "chief of an organized fire

26  department" means the chief operating officer of an organized

27  fire department.

 1  (q)  (p) "Board" means the state fire safety board created

 2  in section 3b.

 3  (r)  (q) "Terminal" means a location  at which where an

 4  above ground aboveground liquid storage tank containing a

 5  flammable liquid is located.

 6  (s)  (r) "Attended terminal" means a terminal, other than a

 7  remote control terminal, where an individual knowledgeable in the

 8  above ground aboveground liquid storage tank filling operation

 9  is physically in attendance and control during the entire

10  delivery of a flammable liquid and has as his or her primary

11  responsibility  ,  supervising the storage tank filling

12  operation.

13  (t)  (s) "Unattended terminal" means a terminal, other than

14  a remote control terminal or an attended terminal, where an

15  individual knowledgeable in the  above ground aboveground liquid

16  storage tank filling operation is only in attendance during a

17  portion of the time when a flammable liquid is being delivered or

18  has as his or her the individual's primary responsibility  , is

19  a function other than supervising the storage tank filling

20  operation.

21  (u)  (t) "Remote control terminal" means a terminal where

22  the  filling  of the above ground an aboveground liquid storage

23  tank with a flammable liquid is controlled at a remote location

24  by the individual who conveyed the flammable liquid to the

25  terminal.

26  (v)  (u) "Pipeline" means a pipeline  used to convey that

27  conveys a flammable liquid from a crude petroleum wellhead

 1  collection site to a refinery or terminal or from a refinery to a

 2  terminal.  A pipeline  Pipeline does not mean gathering lines

 3  that convey a flammable liquid from the wellhead to a crude

 4  petroleum collection tank or piping used  within in a plant

 5  operation.

 6  (w)  (v) "Fire alarm system" means an assemblage of

 7  components  which that indicates or provides a warning of a fire

 8  emergency, installation of which is required by the  state fire

 9  marshal pursuant to bureau under rules promulgated  by the state

10  fire safety board  under section 3c.

11  (x)  (w) "Fire suppression system" means an integrated

12  combination of a fire alarm system and fire suppression equipment

13  which that, as a result of predetermined temperature, rate of

14  temperature rise, products of combustion, flame, or human

15  intervention, will discharge a fire extinguishing substance over

16  a fire area, installation of which is required by the  state fire

17  marshal pursuant to bureau under rules promulgated  by the state

18  fire safety board  under section 3c.

19  (y)  (x) "Flammable liquid" means a liquid  having with a

20  flash point below 100 degrees  fahrenheit Fahrenheit and  having

21  a vapor pressure that does not  exceeding exceed 40 pounds per

22  square inch absolute at 100 degrees  fahrenheit Fahrenheit.

23  (z)  (y) "Combustible liquid" means a liquid  having with

24  a flash point at or above 100 degrees  fahrenheit Fahrenheit and

25  below 200 degrees  fahrenheit Fahrenheit.

26  (aa)  (z) "Owner of a vehicle" means  either 1 or more of

27  the following:

 1        (i)  Any person renting or leasing a vehicle or having A

 2  person who rents or leases the vehicle or has the exclusive use

 3  of  a the vehicle for a period greater than 30 days.

 4        (ii)  A Subject to subparagraph (iii), a person who holds  the

 5  legal title to  a the vehicle.  , or if a

 6  (iii) If the vehicle is the subject of  an agreement for the

 7  a conditional sale or lease  of the vehicle agreement with the

 8  right of purchase upon performance of the conditions  stated  in

 9  the agreement, and  with an if the conditional vendee or lessee

10  has the immediate right of possession,  vested in the conditional

11  vendee or lessee,  or if a mortgagor of a vehicle is entitled to

12  possession,  then  the conditional vendee or lessee or mortgagor.

13  shall be considered the owner.

14  (bb)  (aa) "Noncommercial transportation" means the

15  occasional transportation of personal property by an individual

16  not for compensation or in the furtherance of a commercial

17  enterprise, and transportation not regulated under the motor

18  carrier safety act of 1963,  Act No. 181 of the Public Acts of

19  1963, being sections 480.11 to 480.21 of the Michigan Compiled

20  Laws 1963 PA 181, MCL 480.11 to 480.25.

21        Sec. 1b. (1) The bureau of fire services is created in the

22  department.

23        (2) The governor shall appoint a state fire marshal to serve

24  as the head of the bureau. The state fire marshal shall possess

25  not less than 10 years' experience in 1 or more of the following

26  areas:

27        (a) Safeguarding life and property from damage from

 1  explosion, fire, disaster, or other fire-related emergencies.

 2        (b) Delivery of fire suppression or related fire services or

 3  emergency response services.

 4        (c) Fire investigation or the provision of related

 5  investigation services to law enforcement or fire service

 6  agencies.

 7        (d) Training of firefighters or fire investigators.

 8        (e) Enforcement of the general fire laws of this state.

 9        (3) The bureau shall include the following:

10        (a) The state fire marshal.

11        (b) The firefighters training council created under section

12  3 of the firefighters training council act, 1966 PA 291, MCL

13  29.363.

14        (c) The board.

15        (d) Any other agency, board, or commission designated as a

16  part of the bureau by law.

17        (4) The bureau shall have all of the authority, powers,

18  duties, functions, and responsibilities transferred from the fire

19  marshal division of the department of state police to the

20  department under Executive Reorganization Order No. 2003-1, MCL

21  445.2011. The department shall perform the budgeting,

22  procurement, and related management functions of the bureau. The

23  bureau shall administer the authority, powers, duties, functions,

24  and responsibilities vested in the bureau and may make internal

25  organizational changes to ensure efficient administration.

26        (5) To implement the amendatory act that added this section,

27  the state budget director shall determine and authorize the most

Senate Bill No. 1133 (S-4) as amended May 24, 2006

 1  efficient methods for the bureau to handle financial transactions

 2  and records in the financial management system of this state.

 3        Sec. 1c. (1) The bureau shall do all of the following:

 4        (a) Serve as a focal point for matters relating to fire

 5  services in this state.

 6        (b) Coordinate with the fire investigation unit of the

 7  department of state police activities relating to fire

 8  investigations, fire investigator training, and the provision of

 9  related assistance to local law enforcement and fire service

10  agencies.

11        (c) Provide forms that cities, villages, and townships may

12  use to grant permits for fireworks under section 243b of the

13  Michigan penal code, 1931 PA 328, MCL 750.243b.

14        (2) The bureau may do 1 or more of the following:

15        (a) Establish a program for the reporting and central

16  compilation of fire service personnel credentials, including, but

17  not limited to, qualifications, tests, examinations,

18  certifications, educational experience, and training.

19        [(b) In conjunction with the office of financial and

20  insurance services, establish a system for the reporting of

21  insured fire loss and an insurance fraud program.

22  (b)] Participate in the child fire setting and juvenile arson

23  program.

24        [(c)] Participate in the national fire incident reporting

25  system.

26        [(d)] Operate an accelerant detecting canine program.

27        [(e)] All other things necessary to achieve the objectives and

 1  purposes of the bureau under this act and other laws that relate

 2  to the purposes and responsibilities of the bureau.

 3        (3) The state fire marshal may organize or reorganize the

 4  bureau and appoint deputies, assistants, and employees with

 5  titles, powers, and duties related to the administration and

 6  enforcement of this act.

 7        Sec. 1d. The state fire marshal shall do all of the

 8  following:

 9        (a) Oversee and direct fire service programs in this state

10  that are vested in the bureau.

11        (b) Perform the powers and duties of the state fire marshal

12  under this act in a manner that maximizes the effective

13  administration of the fire service of this state.

14        (c) Serve as policy advisor to the governor on the

15  development and administration of fire service policies,

16  programs, and procedures.

17        (d) Participate in the development, review, and

18  implementation of the Michigan hazard mitigation plan.

19        (e) Provide information for the development and regular

20  updating of the Michigan hazard analysis, including the

21  structural fires element, and the Michigan emergency management

22  plan required under section 7a of the emergency management act,

23  1976 PA 390, MCL 30.407a.

24        Sec. 1e. (1) The bureau shall provide the state fire marshal

25  and any deputy state fire marshals with suitable uniforms,

26  equipment, and other articles necessary to carry out this act. 

27  The state fire marshal shall prescribe the uniforms and equipment

 1  for the state fire marshal and any deputy state fire marshals.

 2        (2) A person shall not sell, furnish, possess, wear,

 3  exhibit, display, or use a badge, patch, uniform, or facsimile of

 4  a badge, patch, or uniform of the state fire marshal or a deputy

 5  state fire marshal unless 1 or more of the following apply:

 6        (a) The person is authorized to do so by the state fire

 7  marshal.

 8        (b) The person is the state fire marshal or a deputy state

 9  fire marshal.

10        (c) The badge is a retirement badge and is in the possession

11  of a retired state fire marshal or deputy state fire marshal.

12        (d) The badge, patch, or uniform is the badge, patch, or

13  uniform of a deceased state fire marshal or deputy state fire

14  marshal and is in the possession of his or her spouse, child, or

15  next of kin.

16        (e) The person is a collector of badges, patches, uniforms,

17  or facsimiles. A badge, patch, uniform, or facsimile possessed as

18  part of a collection shall be in a container or display case when

19  being transported.

20        (f) The person is in the theatrical profession and wears the

21  badge, patch, uniform, or facsimile while actually engaged in

22  following that profession.

23        (3) A person who violates subsection (2) is guilty of a

24  misdemeanor punishable by imprisonment for not more than 93 days

25  or a fine of not more than $500.00, or both. A charge under or a

26  conviction or punishment for a violation of this section does not

27  prevent a person from being charged with, convicted of, or

 1  punished for any other violation of law arising from the same

 2  transaction.

 3        (4) As used in this section, "facsimile" includes both an

 4  exact replica of an existing item and a close imitation of an

 5  existing item.

 6        Sec. 2. Except as otherwise provided in this act, the

 7  administration and enforcement of this act are  vested in the

 8  department of state police  the responsibility of the bureau.

 9  The director may create and maintain a division of the department

10  as he shall deem necessary or expedient, and organize or

11  reorganize the same, including the appointment of division heads,

12  assistants, and employees with titles, powers, and duties related

13  to the administration and enforcement of this act as he shall

14  designate and prescribe.

15        Sec. 2a. (1) Rules promulgated under this act shall be

16  promulgated pursuant to  Act No. 306 of the Public Acts of 1969,

17  as amended, being sections 24.201 to 24.315 of the Michigan

18  Compiled Laws the administrative procedures act of 1969, 1969 PA

19  306, MCL 24.201 to 24.328.

20        (2) The state fire marshal,  shall  after consultation with

21  the board, may appoint ad hoc committees to assist the  board in

22  the promulgation of bureau, including the board and the state

23  fire marshal, in promulgating rules under this act. The

24  committees shall consist of as many members as the state fire

25  marshal considers necessary, but shall include at least 2 persons

26  who are representatives of 1 or more fire associations having a

27  direct interest in the rules and at least 1 person who is

 1  representative of the persons owning facilities regulated by this

 2  act.

 3        (3) The committees appointed under subsection (2) shall

 4  serve during the promulgation of the rules,  shall  may make

 5  recommendations on the content of the rules, and may recommend

 6  revisions in the rules.

 7        (4) The board shall make recommendations on the content of

 8  the rules promulgated under this act and may recommend revisions

 9  in proposed rules or existing rules.

10        Sec. 2b. (1)  Upon the On request by resolution of a

11  governing body of  a city, village, or township, the state fire

12  marshal an organized fire department, the bureau may delegate to

13  1 or more  employees of the city, village, or township employed

14  as full-time fire inspectors individuals employed as full-time

15  fire inspectors by the organized fire department and certified

16  under subsection (2) the authority to enforce 1 or more of the

17  fire safety rules promulgated under this act.  , if the employees

18  have been certified as certified fire inspectors by the state

19  fire marshal and that certification has not been revoked by the

20  state fire marshal.

21        (2) The  state fire safety board  bureau shall promulgate

22  rules as provided in this section establishing  the

23  qualifications for  the  certification of  the employees an

24  individual described in subsection (1).  who may be delegated the

25  authority by the state fire marshal to enforce 1 or more of the

26  fire safety rules promulgated under this act.  The state fire

27  marshal shall certify  those employees an individual who  meet

 1  meets the qualifications established by the  board  bureau. The

 2  delegation of authority under subsection (1)  shall not be

 3  construed to does not prohibit a city, village, or township from

 4  adopting fire safety ordinances or a city, village, township, or

 5  other governmental entity otherwise authorized from employing

 6  persons as fire inspectors.

 7        (3) The authority delegated under subsection (1) may be

 8  delegated for not more than 2 years, but may be renewed under

 9  subsection (1) for subsequent 2-year periods. The authority shall

10  be revoked by the  state fire marshal bureau, if the  state fire

11  marshal bureau finds that the  employees are employee is not in

12  compliance with subsection (1) or if the governing body of the

13  employing city, village, or township, by resolution, requests the

14  revocation.

15        (4) The  state fire safety  board shall review all decisions

16  of the  state fire marshal in bureau delegating or revoking  the

17  authority  delegated  under subsection (1) and may overrule

18  those decisions, if rendered a decision if it is made contrary

19  to subsection (1).

20        Sec. 2c. (1) To implement and enforce this act, the

21  director  bureau may charge hospitals operation and maintenance

22  inspection fees and may charge hospitals and schools plan review

23  and construction inspection fees as provided in this section.

24        (2) Fees charged under subsection (1) shall be deposited in

25  the general fund in a restricted account. The fees collected

26  under this act and placed in the restricted account shall be used

27  exclusively for the funding of only to fund the services for

 1  which the fees  are were collected and shall remain in the

 2  restricted account at the end of the fiscal year.

 3        (3) For the fiscal year beginning October 1, 1995, the fees

 4  charged under subsection (1) shall be paid in accordance with the

 5  following fee schedule:

 6  Operation and maintenance inspection fee

7  Facility Type         Facility Size         Fee

8  Hospitals Any $10.00 per bed

9  Project cost range Fee

10 $85,000.00 or less ....................     minimum fee of $100.00

11 $85,001.00 to $1,500,000.00 ...........     $1.18 per $1,000.00

12 $1,500,001.00 to $10,000,000.00 .......     $0.80 per $1,000.00

13 $10,000,001.00 or more ................     $0.50 per $1,000.00

14 or a maximum fee of

15 $50,000.00.

16  (3)  (4) The fee schedule in subsection (3) is only

17  applicable for the fiscal year beginning October 1, 1995. For

18  each subsequent fiscal year, the  The fees charged under this

19  section shall be established in  accordance with the  a fee

20  schedule  set forth in that  contained in each fiscal year's

21  appropriations act for the department.  of state police.

22        (5) The fees for projects submitted to the department and in

23  plan review prior to March 1, 1996 will be assessed at a rate of

24  50%. Fees will not be charged for projects that have received

25  plan review approval before March 1, 1996.

26        Sec. 3b. (1) The state fire safety board is created in the

Senate Bill No. 1133 (S-4) as amended May 24, 2006

 1  bureau and shall consist of  16  17 members who are residents of

 2  this state. Of the  16 members:

 3        (a) Three shall be representatives of organized fire

 4  departments in the  lower peninsula Lower Peninsula.

 5        (b) One shall be a representative of organized fire

 6  departments in the  upper peninsula Upper Peninsula.

 7        (c) One shall be a representative of hospital

 8  administration.

 9        (d) One shall be a registered professional engineer.

10        (e) One shall be a registered architect.

11        (f) One shall be a representative of the nursing home

12  industry.

13  [(g) One shall be a school board member or a school

14  administrator an individual employed by a school district in an

15  admin(G) ONE SHALL BE AN INDIVIDUAL WHO MEETS ANY OF THE FOLLOWING

    CRITERIA:

          (i) THE INDIVIDUAL IS A MEMBER OF THE GOVERNING BOARD OF A SCHOOL
DISTRICT, PUBLIC SCHOOL ACADEMY, OR INTERMEDIATE SCHOOL DISTRICT.

          (ii) THE INDIVIDUAL IS EMPLOYED BY A SCHOOL DISTRICT, A PUBLIC
SCHOOL ACADEMY, OR AN INTERMEDIATE SCHOOL DISTRICT IN AN ADMINISTRATIVE
CAPACITY.

          (iii) THE INDIVIDUAL IS A MEMBER OF, OR IS EMPLOYED BY, A STATEWIDE
ASSOCIATION REPRESENTING SCHOOL BOARD MEMBERS OR SCHOOL ADMINISTRATORS.]

16        (h) One shall be a representative of the building trades.

17        (i) One shall be a representative of persons who own a place

18  of public assemblage.

19        (j) One shall be a representative of the flammable liquids

20  industry.

21        (k) One shall be a representative of the liquefied petroleum

22  gas industry or the flammable compressed gases industry.

23        (l) One shall be a representative of the chemical

24  manufacturing industry.

25        (m) One shall be a licensed electrical contractor or master

26  electrician.

27        (n) One shall be a representative of persons who own adult

 1  foster care facilities.

 2        (o) One shall be the state fire marshal or an employee of

 3  the bureau designated by the state fire marshal.

 4        (2)  Even if the number of board members is reduced by

 5  statute, each board member serving at the time of the reduction

 6  may complete the balance of the board member's unexpired term.

 7  Board members, other than the state fire marshal or the state

 8  fire marshal's designee, shall be appointed by the governor with

 9  the advice and consent of the senate. The members appointed by

10  the governor shall have the qualifications the governor considers

11  essential to enable them to competently  pass upon decide

12  matters  pertaining to of fire prevention and fire safety for

13  the establishments or facilities specified in section 3c(1).

14        (3) Each member appointed by the governor before January 1,

15  2007 shall be appointed for a term of 3 years. Each member

16  appointed by the governor after December 31, 2006 shall be

17  appointed for a term of 4 years. Continued absence of a member

18  appointed by the governor from regular or special meetings of the

19  board  renders makes the member subject to immediate removal by

20  the governor.

21        (4) A majority of the members appointed to and serving on

22  the board constitutes a quorum. Affirmative votes of at least a

23  majority of the members appointed to and serving on the board

24  shall be is required to  pass upon decide any question, action,

25  or business of the board, except that a hearing of a contested

26  case may be conducted  in the presence of before 3 board members

27  who, after hearing the facts and considering the evidence and

    Senate Bill No. 1133 as amended May 9, 2006

 1  testimony, shall recommend the action the board should take.

 2        (5)  Annually the board shall elect a chairperson from its

 3  members, and shall hold at least 6 <<After December 31, 2006,>> the

 4  governor shall designate 1 of the members of the board to serve

 5  as chairperson of the board at the pleasure of the governor.

 6  Annually, the board may elect from its members a vice-chairperson

 7  of the board. Each year, the board shall hold not fewer than 4

 8  regular meetings.  a year. Special meetings may be called by the

 9  chairperson  ,  or upon written request of 5 board members.

10  Meetings shall be held at a location in this state designated by

11  the chairperson.

12        (6) The business  which of the board  may perform  shall be

13  conducted at a public meeting  of the board held in compliance

14  that complies with the open meetings act,  Act No. 267 of the

15  Public Acts of 1976, being sections 15.261 to 15.275 of the

16  Michigan Compiled Laws 1976 PA 267, MCL 15.261 to 15.275.

17  Public notice of the time, date, and place of the meeting shall

18  be given in the manner required by Act No. 267 of the Public Acts

19  of 1976.

20        (7) Each appointed member of the board  shall receive per

21  diem compensation as the legislature prescribes, and shall be  is

22  entitled to actual and necessary expenses incurred in the

23  performance of  duty  his or her duties as a member of the board,

24  subject to available appropriations.  The legislature shall

25  appropriate sufficient money for the board to conduct its

26  business and discharge its responsibilities.

27        (8) The board shall keep minutes of its proceedings, showing

 1  the vote of each member on each proposition or question, or

 2  indicating if a member is absent or fails to vote. A record of

 3  board action and business shall be made and maintained.

 4        (9) Except as provided in subsections (10) and (11), a

 5  writing prepared, owned,  or  used,  which is  in the possession

 6  of, or retained by the board, the department,  its their agents,

 7  or others in the performance of an official function  shall be

 8  made available to the public in compliance with under this act

 9  is subject to the freedom of information act,  Act No. 442 of the

10  Public Acts of 1976, being sections 15.231 to 15.246 of the

11  Michigan Compiled Laws 1976 PA 442, MCL 15.231 to 15.246.

12        (10) A person regulated under this act may designate a

13  report or other information furnished to or obtained by the

14  department,  its agents, or others under this act as being only

15  for  the  confidential use  of by the department, its agents, or

16  others in the performance of an official function. If the

17  department, its agents, or others receive a request  for a public

18  record  under section 5 of  Act No. 442 of the Public Acts of

19  1976, being section 15.235 of the Michigan Compiled Laws, which

20  the freedom of information act, 1976 PA 442, MCL 15.235, for a

21  public record that includes  either  information designated as

22  confidential or information obtained under section 4,  of this

23  act,  the department, its agents, or others shall notify the

24  regulated  person regulated under this act. The person regulated

25  under this act  shall have has 30 days after  the  receipt of

26  the notice to demonstrate to the department, its agents, or

27  others, that  either  the information designated as confidential

 1  or information obtained under section 4  of this act,

 2  constitutes a trade secret or confidential business information

 3  which that, if disclosed, may cause a competitive disadvantage.

 4  The department, its agents, or others shall grant the request for

 5  the information unless the person regulated under this act  has

 6  made makes a satisfactory demonstration to the department, its

 7  agents, or others that disclosure of the information  , if

 8  disclosed,  may cause a competitive disadvantage. If a dispute

 9  occurs between the person regulated under this act and the person

10  requesting the information,  under Act No. 442 of the Public Acts

11  of 1976,  the  fire safety  board shall make a final decision to

12  grant or deny the request.

13        (11)  Nothing in this This act  shall be construed to

14  either does not prevent the use of  records a record or

15  information by the department  in compiling or publishing to

16  compile or publish reports, analyses, or summaries  relating to

17  of general conditions for the prevention of fire, or the use of

18  any a record or  other  information  for the purposes of

19  administration or enforcement of any to administer or enforce

20  federal, state, or local fire prevention laws. However, a report,

21  analysis, summary, or use shall not directly or indirectly

22  publicly reveal information otherwise confidential under this

23  section.

24        (12) The board may maintain an office, hire employees,

25  either full or part time as necessary, and purchase, rent, or

26  lease equipment and supplies considered essential to the proper

27  discharge of its responsibilities.

 1        Sec. 3c. (1) The  board  bureau shall promulgate rules as

 2  provided under section 2a pertaining to fire safety requirements

 3  for the construction, operation, or maintenance of all of the

 4  following:

 5        (a) Schools and dormitories, including state supported

 6  schools, colleges, and universities and school, college, and

 7  university dormitories.

 8        (b) Buildings  for which the state is the lessee or which

 9  are owned by the state owned or leased by this state.

10        (c) A health facility or agency as defined in section 20106

11  of the public health code,  Act No. 368 of the Public Acts of

12  1978, being section 333.20106 of the Michigan Compiled Laws 1978

13  PA 368, MCL 333.20106.

14        (d) Places of public assemblage.

15        (e) Penal facilities as described in section 62 of  Act No.

16  232 of the Public Acts of 1953, being section 791.262 of the

17  Michigan Compiled Laws the corrections code of 1953, 1953 PA

18  232, MCL 791.262.

19        (f) Dry cleaning establishments using flammable liquids.

20  (f)  (g) Mental facilities as described in section 135 of

21  the mental health code,  Act No. 258 of the Public Acts of 1974,

22  being section 330.1135 of the Michigan Compiled Laws 1974 PA

23  258, MCL 330.1135.

24        (2) The board shall promulgate rules for the storage,

25  transportation, and handling of liquefied petroleum gas and for 

26  the storage, noncommercial transportation, and handling of other

27  hazardous materials and for the implementation of this act.

 1        (2) The bureau shall promulgate other rules as provided in

 2  section 2a as necessary to implement this act.

 3        (3) Consistent with Executive Reorganization Order Nos.

 4  1997-2 and 1998-2, MCL 29.451 and 29.461, the department of

 5  environmental quality shall promulgate rules pertaining to all of

 6  the following:

 7        (a) Fire safety requirements for the construction,

 8  operation, and maintenance of dry cleaning establishments that

 9  use flammable liquids.

10        (b) The storage, transportation, and handling of liquefied

11  petroleum gas and for the storage, noncommercial transportation,

12  and handling of other hazardous materials to the extent

13  authorized by federal law.

14  (4)  (3) Rules promulgated  pursuant to under this act

15  shall be consistent with recognized good practice as evidenced by

16  standards adopted by nationally recognized authorities in the

17  field of fire protection. Experiences identified in the

18  department's fire incidents  fire incident reports received by

19  this state may be considered by the board  as a qualified basis

20  for review of and the bureau when reviewing rules promulgated

21  and or considering promulgation of new rules  pursuant to under

22  this act.

23  (5)  (4) The state fire safety board, pursuant to the

24  administrative procedures act of 1969, Act No. 306 of the Public

25  Acts of 1969, being sections 24.201 to 24.328 of the Michigan

26  Compiled Laws, shall submit the initial rules to the joint

27  committee on administrative rules not later than October 28, 1982

 1  The bureau shall promulgate rules as provided under section 2a

 2  for the certification of a firm  which that does any of the

 3  following:

 4        (a) Installs, modifies, or documents the installation or

 5  modification of a  required  fire suppression system.

 6        (b) Documents the installation or modification of a

 7  required  fire alarm system.

 8        (c) Performs testing, servicing, inspections, or maintenance

 9  which that has not been exempted by the rules promulgated by the

10  board  bureau on  required  fire alarm systems or  required  fire

11  suppression systems.

12        (d) Submits a drawing,  print, or sketch of a required

13  plan, or specification of a fire alarm system or  required  fire

14  suppression system to the  state fire marshal BUREAU for

15  approval  pursuant to under section 29, except an architect or

16  professional engineer licensed under article 20 of the

17  occupational code,  Act No. 299 of the Public Acts of 1980, being

18  sections 339.2001 to 339.2014 of the Michigan Compiled Laws 1980

19  PA 299, MCL 339.2001 to 339.2014.

20        (5) The state fire marshal shall not be required to consider

21  fire safety rules other than those provided for in this act and

22  in Act No. 306 of the Public Acts of 1937, being sections 388.851

23  to 388.855a of the Michigan Compiled Laws.

24        (6) A person may request a variation of the application of a

25  rule promulgated  pursuant to under this act by applying to the

26  state fire marshal. The state fire marshal may make a variation

27  upon a finding that the variation does not result in a hazard to

 1  life or property. The finding shall be transmitted to the person

 2  requesting the variation and  shall be  entered into the records

 3  of the  department  bureau. If the variation requested concerns a

 4  building, the finding shall also be transmitted to the governing

 5  body of the city, village, or township in which the building is

 6  located.

 7        (7) The entire board, except as provided in section 3b(4),

 8  shall act as a hearing body in accordance with  Act No. 306 of

 9  the Public Acts of 1969 the administrative procedures act of

10  1969, 1969 PA 306, MCL 24.201 to 24.328, to review and  render

11  decisions on decide a contested case  , a rule specified in this

12  act,  or a ruling of the state fire marshal  in the marshal's

13  interpretation or application of interpreting or applying the

14  rules. After a hearing, the board may vary the application of a

15  rule or may modify the ruling or interpretation of the state fire

16  marshal if the enforcement of the ruling or interpretation would

17  do manifest injustice and would be contrary to the spirit and

18  purpose of the rules or the public interest.

19        (8) A decision of the board to vary the application of a

20  rule, or to modify or change a ruling of the state fire marshal,

21  shall specify  in what manner  the variation, modification, or

22  change  is  made, the conditions upon which it is made, and the

23  reasons for the variation, modification, or change.

24        (9) If a local school board  has  passed a resolution

25  calling for an election on the question of the issuance of bonds

26  for the construction  , remodeling,  or remodeling of or an

27  addition to a school,  which if the election was held not later

 1  than September 28, 1989  , which and approved issuance of the

 2  bonds, and  which if construction was reasonably anticipated to

 3  have begun begin not later than June 30, 1990,  then  the

 4  construction, remodeling, or addition to that school  is was

 5  exempt from the rules promulgated by the fire safety board

 6  entitled "schools, colleges, and universities",  being former R

 7  29.301 to R 29.321 of the Michigan administrative code,  that

 8  were  filed with the  Secretary of State secretary of state on

 9  July 14, 1989 and  became  effective on July 29, 1989. The

10  construction, remodeling, or addition to that school  is was,

11  however, subject to the standards contained in rules promulgated

12  by the  fire safety  board entitled "school fire safety",  being

13  the  former R 29.1 to R 29.298 of the Michigan administrative

14  code.  This subsection does not prevent the construction,

15  remodeling, or addition of a school from complying with R 29.301

16  to R 29.321 of the Michigan administrative code.

17        Sec. 3e. (1) The  board  bureau shall promulgate rules as

18  provided under section 2a pertaining to uniform fire safety

19  requirements for the operation and maintenance, but not the

20  construction, of commercial buildings, industrial buildings, and

21  residential buildings, excluding 1- and 2-family dwellings and

22  mobile homes.

23        (2) The state fire marshal shall consult with the board with

24  respect to developing rules for the delegation of authority to

25  firefighters and fire chiefs.

26        Sec. 4. (1) The chief of each organized fire department, or

27  the clerk of each city, village, or township  not having  that

 1  does not have an organized fire department, immediately after the

 2  occurrence of fire within the official's jurisdiction resulting

 3  in loss of life or property, shall make and file with the  state

 4  fire marshal  bureau a complete fire incident report of the fire.

 5  The report shall be made on and according to forms supplied by

 6  the  state fire marshal  bureau.

 7        (2) Each fire insurance company authorized to do business in

 8  this state on request shall promptly furnish to the  state fire

 9  marshal  bureau information in the company's possession

10  concerning a fire occurring in this state. The report shall be in

11  addition to and not in place of any other report required by law

12  to be made by the company to other state agencies.

13        (3) A fire and casualty insurance company may contact

14  directly the  state fire marshal  bureau or the chief of an

15  organized fire department to report fires  where  if the company

16  suspects arson.

17        (4) The state fire marshal, the chief of an organized fire

18  department, a  fire fighter  firefighter or an employee of an

19  organized fire department acting under the authority of the chief

20  of the organized fire department, a peace officer, or any other

21  fire prevention or fire department official designated by the

22  state fire marshal may request in writing on a form prescribed

23  and furnished by the state fire marshal that an insurance company

24  or authorized agent of an insurance company investigating a fire

25  loss of real or personal property release all information in

26  possession of the company or an agent of the company relative to

27  that loss. The company or agent shall release the information to

 1  and cooperate with  , each official authorized to request the

 2  information under this subsection. The information to be provided

 3  shall include  each  all of the following:

 4        (a) Each insurance policy relevant to a fire loss under

 5  investigation and each application for the policy.

 6        (b) The policy premium payment records of a policy described

 7  in subdivision (a).

 8        (c) A history of previous claims made by the insured for

 9  fire loss.

10        (d) Material relating to the investigation of the loss,

11  including statements of any person, proof of loss, and other

12  relevant evidence.

13        (5) If an insurance company has reason to suspect that a

14  fire loss to the real or personal property of a policyholder of

15  the company was  cause  caused by incendiary means, the company

16  shall notify the  state fire marshal  bureau and shall furnish

17  the  state fire marshal  bureau with all relevant material

18  acquired during its investigation of the fire loss.

19        (6) In the absence of fraud or malice, an insurance company

20  or a person who furnishes information on behalf of an insurance

21  company  shall  is not  be liable for damages in a civil action

22  or  be subject to criminal prosecution for an oral or written

23  statement made or other action taken  which  that is necessary to

24  supply the information required  pursuant to  under this section.

25        (7) Officials and other persons receiving information

26  furnished pursuant to subsection (4) shall hold the information

27  in confidence until release of the information is required in the

 1  course of or pursuant to a criminal or civil proceeding. A person

 2  prescribed  described in subsection (4) may be required to

 3  testify as to information in his or her possession regarding a

 4  fire loss of real or personal property in any civil action or

 5  administrative hearing held  pursuant to Act No. 218 of the

 6  Public Acts of 1956, as amended, being sections 500.100 to

 7  500.8302 of the Michigan Compiled Laws  under the insurance code

 8  of 1956, 1956 PA 218, MCL 500.100 to 500.8302, in which a person

 9  seeks recovery under a policy against an insurance company for

10  the fire loss or files a complaint with the commissioner of the

11  office of financial and insurance services relative to the

12  refusal of an insurance company to pay under a policy for a fire

13  loss sustained by the person.

14        (8) As used in this section, "insurance company" means an

15  insurer authorized to transact property, fire, or casualty

16  insurance in this state and an agent of the insurer, and includes

17  an insurance association, pool, or facility created and operating

18  pursuant to Act No. 218 of the Public Acts of 1956, as amended

19  under the insurance code of 1956, 1956 PA 218, MCL 500.100 to

20  500.8302.

21        Sec. 5a. (1) The  state fire marshal  motor carrier division

22  of the department of state police, the chief of an organized fire

23  department or police department, a peace officer, or a  fire

24  fighter  firefighter in uniform  , which fire fighter is acting

25  under the orders and directions of the local fire chief  , may

26  inspect a vehicle transporting a hazardous material.  Except as

27  otherwise provided in  Subject to subsection (3), if upon

 1  inspection a vehicle is found to be in violation of the rules

 2  with respect to safety equipment, the  state fire marshal  motor

 3  carrier division or the inspecting chief,  fire fighter

 4  firefighter, or peace officer shall attach to the vehicle a

 5  notice identifying the vehicle and stating that it is condemned

 6  against further use in the transportation of hazardous material,

 7  and listing the violations found. If the vehicle is en route to a

 8  destination where its load is to be delivered, the  state fire

 9  marshal  motor carrier division, chief,  fire fighter

10  firefighter, or peace officer, except as otherwise provided in

11  this act, shall allow the vehicle to proceed to make deliveries

12  after which the vehicle shall be returned to its base or

13  customary place of maintenance and repair or taken to a suitable

14  place for repair. If, upon inspection, a vehicle while en route

15  to a delivery destination is found to be in a condition  such

16  that makes it likely that further operation under normal road and

17  traffic conditions  is likely to  will result in spillage of

18  hazardous material, the  state fire marshal  motor carrier

19  division, chief,  fire fighter  firefighter, or peace officer

20  shall  cause  have the vehicle  to be impounded. The vehicle

21  shall be impounded at a suitable place where the hazardous

22  material being transported can be unloaded with reasonable

23  safety, and until the unloading is accomplished and arrangements

24  are made to return the vehicle with reasonable safety to its base

25  or customary place of maintenance and repair, or to move the

26  vehicle to a suitable place of repair. If, upon inspection, the

27  braking, lighting, steering, coupling, sounding, or other devices

 1  on a vehicle are found to be in a condition such that the vehicle

 2  cannot be operated by a prudent operator without undue risk of

 3  accident, the  state fire marshal  motor carrier division, chief,

 4  fire fighter  firefighter, or peace officer shall  cause  have

 5  the vehicle  to be impounded at a suitable place until the

 6  necessary repairs are made.

 7        (2) Except as provided  for in this act, a vehicle

 8  condemned  pursuant to  under this act shall not  again be used

 9  in transporting hazardous material until released  as provided

10  for in  under this section. Upon being returned to its base or

11  customary place of maintenance and repair, or to a suitable place

12  of repair, the condemned vehicle may be impounded there upon

13  order of the  state fire marshal  motor carrier division of the

14  department of state police until the conditions for which the

15  condemnation was issued have been corrected. However, the  state

16  fire marshal  motor carrier division may authorize the temporary

17  release of the condemned vehicle for a reasonable time  as may be

18  needed to procure parts or appurtenances necessary  for

19  correction of  to correct the conditions for which  condemnation

20  was issued  the vehicle was condemned. Upon correction of the

21  conditions, the  state fire marshal  motor carrier division,

22  chief of an organized fire department or police department, a

23  peace officer, or a  fire fighter  firefighter in uniform  ,

24  which fire fighter is acting under a chief's direction, shall be

25  notified and shall reinspect the vehicle. The  state fire marshal

26  motor carrier division, chief, peace officer, or  fire fighter

27  firefighter shall release the vehicle  , if upon reinspection  ,

 1  the vehicle is found to be in compliance with this act and the

 2  rules promulgated  pursuant to  under this act, and if reasonable

 3  impounding expenses have been paid by the owner of the vehicle. A

 4  person inspecting a vehicle  pursuant to  under this act shall

 5  notify the  state fire marshal  motor carrier division under

 6  rules promulgated under this act, of the circumstances and

 7  conditions of each violation, condemnation, impounding, and

 8  release.

 9        (3) Notwithstanding subsections (1) and (2), an official

10  named in subsection (1) inspecting a commercial motor vehicle

11  under the authority of this section shall  affix  attach notices,

12  and place vehicles and drivers out of service, only as provided

13  under the motor carrier safety act  , Act No. 181 of the Public

14  Acts of 1963, being sections 480.11 to 480.21 of the Michigan

15  Compiled Laws  of 1963, 1963 PA 181, MCL 480.11 to 480.25, and as

16  provided under the out of service criteria issued under the

17  authority of the commercial vehicle safety alliance. As used in

18  this subsection, "commercial motor vehicle" means that term as

19  defined in  Act No. 181 of the Public Acts of 1963  the motor

20  carrier safety act of 1963, 1963 PA 181, MCL 480.11 to 480.25.

21        Sec. 5c. (1) A  firm or person shall not establish or

22  maintain 1 or more of the following without obtaining a

23  certificate from the  state fire marshal  department of

24  environmental quality:

25        (a) A flammable compressed gas or liquefied petroleum gas

26  container filling location.

27        (b) An aboveground flammable compressed gas or liquefied

 1  petroleum gas storage location  which  that has a tank with a

 2  water capacity of more than 2,000 gallons or has 2 or more tanks

 3  with an aggregate water capacity of more than 4,000 gallons.

 4        (c) An aboveground storage location for a flammable liquid

 5  or combustible liquid  , which storage location  that has an

 6  individual tank storage capacity of more than 1,100 gallons.

 7  Crude petroleum collection tanks that receive crude petroleum

 8  directly from a wellhead and are certified by the  state fire

 9  marshal  department of environmental quality may be maintained

10  without further inspection by the  state fire marshal  department

11  of environmental quality, except as the  state fire marshal may

12  consider  department of environmental quality considers necessary

13  to assure compliance with this act.

14        (2) The  state fire marshal  department of environmental

15  quality may require that  persons or firms  a person obtain

16  approval from the  state fire marshal  department of

17  environmental quality before the installation of an aboveground

18  storage tank for flammable or combustible liquids  having  that

19  has an individual tank storage capacity of 1,100 gallons or less.

20  However, this requirement does not apply to farm location storage

21  tanks of 1,100 gallons or less capacity used for storing motor

22  fuel for noncommercial purposes or heating oil for consumptive

23  use on the premises where stored.

24        Sec. 5d. (1) The certificates specified in section 5c shall

25  be issued every 3 years by the  state fire marshal  department of

26  environmental quality after the  state fire marshal  department

27  of environmental quality determines by an inspection that the

 1  firm location is in satisfactory compliance with this act. The

 2  board  department of environmental quality may authorize a firm

 3  specified in section 5c to conduct inspections required in this

 4  section after application to the  state fire marshal  department

 5  of environmental quality and payment of an annual fee of

 6  $1,000.00. Upon annual determination by the  state fire marshal

 7  department of environmental quality that the firm is in

 8  satisfactory compliance with this act, the  state fire marshal

 9  department of environmental quality may  recommend to the board

10  that  grant the authorization. be given. This authorization may

11  be revoked by the  board  department of environmental quality for

12  cause. Firms authorized to conduct inspections required in this

13  section  shall be  are exempt from the fees provided in

14  subsection (2). The  state fire marshal  department of

15  environmental quality may review procedures utilized by the firm

16  to assure compliance with this act.

17        (2) Each firm required to be certified under section 5c

18  shall submit an installation application to the  state fire

19  marshal  department of environmental quality according to rules

20  promulgated under this act. Each firm shall pay a fee of $203.00

21  per tank. This fee shall be submitted with the installation

22  application to the state fire marshal  department of

23  environmental quality. The  state fire marshal  department of

24  environmental quality shall not approve an installation

25  application unless this fee has been paid as required in this

26  subsection. Payment of this fee shall waive the first annual

27  storage tank fee required in this subsection. The owner of a firm

 1  specified in section 5c shall pay an annual fee of $61.50 for

 2  each tank located at each storage or filling location specified

 3  in section 5c. Fees required by this subsection shall be paid

 4  before the issuance of a certificate when storage tanks operated

 5  by firms described in section 5c are used and until such tanks

 6  are closed or removed, and notification of the closure or removal

 7  is received by the  state fire marshal  department of

 8  environmental quality. Owners of firms described in section 5c

 9  shall notify the  state fire marshal  department of environmental

10  quality of the closure or removal of storage tanks within 30 days

11  after closure or removal on a form provided by the  state fire

12  marshal  department of environmental quality. Storage tanks that

13  receive crude petroleum directly from a wellhead are exempt from

14  fees under this section.

15        (3) Beginning October 1, 1990, a local unit of government

16  shall not enact or enforce a provision of an ordinance that

17  requires a permit, license, approval, inspection, or the payment

18  of a fee or tax for the installation, use, closure, or removal of

19  an aboveground storage tank system.

20        (4) The fees specified in subsection (2) shall be collected

21  and deposited into the hazardous materials storage tank

22  regulatory enforcement fund created in subsection (5).

23        (5) The hazardous materials storage tank regulatory

24  enforcement fund is created in the state treasury. The fund may

25  receive money as provided in this act and as otherwise provided

26  by law. The state treasurer shall direct the investment of the

27  fund. Interest and earnings of the fund shall be credited to the

 1  fund. Money in the fund at the close of the fiscal year shall

 2  remain in the fund and shall not revert to the general fund.

 3  Money in the fund shall be used only by the department of

 4  environmental quality to enforce this act and the rules

 5  promulgated under this act pertaining to the delivery,

 6  dispensing, noncommercial transportation, or storage of hazardous

 7  materials. If at the close of any fiscal year the amount of money

 8  in the fund exceeds $1,000,000.00, the department of

 9  environmental quality shall not collect a fee for the following

10  year for the fund from existing storage tank systems. After the

11  fee has been suspended under this subsection, it shall only be

12  reinstated if at the close of any succeeding fiscal year, the

13  amount of money in the fund is less than $250,000.00. The

14  department of treasury shall, before November 1 of each year,

15  notify the department of environmental quality of the balance in

16  the fund at the close of the preceding fiscal year.

17        Sec. 5e. Upon a finding of noncompliance with this act, or

18  rules promulgated pursuant to this act, the state fire marshal or

19  the director of the department of environmental quality may

20  revoke or deny the renewal of a certificate obtained under

21  section 5c and order the person or firm required to be certified

22  to cease all or part of its operation until the firm is in

23  compliance.

24        Sec. 5g. Immediately following a fire, explosion, spill,

25  leak, accident, or related occurrence  which  that involves the

26  transportation, storage, handling, sale, use, or processing of

27  hazardous material by a firm, person, or vehicle, the owner of

 1  the firm or vehicle or the person and the chief of the first

 2  police department or organized fire department upon the scene of

 3  the incident shall notify the  state fire marshal  bureau and the

 4  organized fire department of the area in which the incident

 5  occurred of the known details regarding the incident.

 6        Sec. 5h. After notification is made pursuant to section 5g,

 7  the  state fire marshal  bureau shall do the following:

 8        (a) Determine, with the organized fire department of the

 9  area in which the incident occurred, the emergency measures to be

10  taken.

11        (b) Notify responsible federal, state, and local authorities

12  and agencies  . However  and, if the  state fire marshal  bureau

13  is notified  of an incident outlined in section 5g by a person

14  other than the owner of the firm or vehicle involved,  the state

15  fire marshal shall also notify the owner of the firm or vehicle

16  involved.

17        (c) Cause an investigation to be made to determine the cause

18  of the incident and to determine what related factors contributed

19  to the cause of the incident and to  the  any loss  to  of life

20  or property.

21        (d) Cause a report to be filed containing its findings

22  related to the incident. A record of those reports shall be

23  maintained by the  state fire marshal  bureau.

24        Sec. 5i. (1)  Each location of a firm operating in this

25  state which  A firm that is engaged in a dry cleaning operation

26  , using  that uses a flammable liquid  , shall not  be

27  established or maintained without obtaining  establish or

 1  maintain such an operation at a location unless the firm obtains

 2  a certificate from the  state fire marshal  department of

 3  environmental quality for that location.

 4        (2) A certificate shall not be issued until payment is made

 5  of a fee of $15.00 for the first dry cleaning machine in the

 6  firm's location and $6.00 for each additional dry cleaning

 7  machine in the firm's location. Beginning October 1, 1981,  these

 8  the fees imposed by this section shall be adjusted each year

 9  pursuant to  by the annual average percentage increase or

10  decrease in the Detroit consumer price index--all items. The

11  adjustment shall be made by multiplying the annual average

12  percentage increase or decrease in the Detroit consumer price

13  index for the prior calendar year by the current fee as adjusted

14  by this subsection. The resultant product shall be added to the

15  current fee as adjusted by this subsection and then rounded off

16  to the nearest half dollar which shall be the new fee.

17        (3)  This section shall not take effect until 1 year after

18  the effective date of section 2b.  This section applies when a

19  class IV installation is operated in the same building or

20  establishment as other classes of dry cleaning installations.

21        (4) As used in this section, "class IV installation" means

22  that term as defined in section 13301 of the public health code,

23  1978 PA 368, MCL 333.13301.

24        Sec. 5j. (1) Each terminal at which a tank filled by

25  pipeline is located shall comply with the following requirements:

26        (a) Each terminal shall be equipped with a high level alarm

27  system.

 1        (b) The high level alarm system shall be set to activate at

 2  a predetermined level in each tank filled by pipeline at the

 3  terminal to allow sufficient time for the flow of the flammable

 4  liquid to be shut down before the tank overfills. The level shall

 5  be determined by the maximum filling rate expected and the time

 6  required for personnel to take appropriate action to stop the

 7  flow of the flammable liquid.

 8        (c) The high level alarm system shall be maintained in

 9  accordance with its manufacturer's recommendations.

10        (d) The high level alarm system shall be tested every 3

11  months by the owner of the terminal and a record of the test

12  shall be maintained.

13        (2)  Devices  A device shall not be used in  the  a high

14  level alarm system  shall be  described in subsection (1) unless

15  the device has been tested for  their  its intended use by a

16  nationally recognized testing laboratory as determined by the

17  state fire marshal  director of the department of environmental

18  quality.

19        (3) Plans and specifications for  the  a high level alarm

20  system described in subsection (1) shall be submitted to the

21  state fire marshal  director of the department of environmental

22  quality for approval before the installation of the system.

23        (4) Upon the completion of the installation of  the  a high

24  level alarm system described in subsection (1), the  state fire

25  marshal  director of the department of environmental quality

26  shall be notified and a final inspection shall be made to

27  determine if the installation is in compliance with this section.

 1        (5) The owner of  the  a terminal described in subsection

 2  (1) shall develop a fire and emergency plan in conjunction with

 3  the organized fire department having jurisdiction over the

 4  terminal.

 5        Sec. 5n. A firm shall not deliver a flammable liquid  having

 6  that has a flash point below 100 degrees Fahrenheit directly into

 7  an above ground liquid storage tank by pipeline at a remote

 8  control terminal unless the firm does each of the following:

 9        (a) Furnishes to the  state fire marshal  director of the

10  department of environmental quality, and receives the approval

11  from the  state fire marshal  director of the department of

12  environmental quality of, a detailed description of the firm's

13  capabilities and procedures to deliver a flammable liquid by

14  remote control to an above ground liquid storage tank.

15        (b) Furnishes to the  state fire marshal  director of the

16  department of environmental quality, and receives the approval

17  from the  state fire marshal  director of the department of

18  environmental quality of, a description of the firm's procedures

19  to be followed if an above ground storage tank is overfilled.

20        Sec. 5o. (1) The  state fire marshal  director of the

21  department of environmental quality may, at the request of the

22  organized fire department having jurisdiction over a terminal,

23  require additional safety equipment and procedures when the

24  public safety is endangered.

25        (2) A person may request a variation of the requirements of

26  section 5j, 5k, 5l, 5m, or 5n, or subsection (1), under the

27  procedures provided in section 3c.

 1        (3) A local unit of government shall not enact an ordinance

 2  or ordinances more restrictive than the requirements included in

 3  sections 5j  through  to 5n.  of this act .

 4        Sec. 5p. (1) A person who is  also  an employer under the

 5  Michigan occupational safety and health act,  Act No. 154 of the

 6  Public Acts of 1974, being sections 408.1001 to 408.1094 of the

 7  Michigan Compiled Laws 1974 PA 154, MCL 408.1001 to 408.1094,

 8  shall provide the information described in this section upon

 9  written request by the fire chief  of the organized fire

10  department  for the jurisdiction  in which where the person is

11  located.

12        (2) A person subject to this section shall, subject to

13  subsection (1), provide a copy of  the a list required to be

14  developed by the standard incorporated by reference in section

15  14a of the Michigan occupational safety and health act, 1974 PA

16  154, MCL 408.1014a, and a material safety data sheet for each

17  hazardous chemical identified on the list within 10 working days

18  after receipt of the request.

19        (3) Except as  otherwise  provided in subsection (4), a

20  person subject to this section shall provide a description of the

21  quantity and location of any hazardous chemical specified by the

22  fire chief  of the organized fire department for the

23  jurisdiction where the person is located within 10 working days

24  after  the  receipt of a written request made by the fire chief

25  after review of  the lists a list provided under subsection (2).

26  Upon request, the fire chief  of the organized fire department

27  may extend the  period for providing time to provide the

    Senate Bill No. 1133 as amended May 9, 2006

 1  information described in this subsection by  an additional  5

 2  working days. The information obtained by a fire chief  of an

 3  organized fire department  under this subsection may be made

 4  available to a public official, agency, or employee, but is

 5  exempt from disclosure under the freedom of information act,  Act

 6  No. 442 of the Public Acts of 1976, being sections 15.231 to

 7  15.246 of the Michigan Compiled Laws 1976 PA 442, MCL 15.231 to

 8  15.246.

 9        (4) The  state fire marshal department of environmental

10  quality may promulgate rules <<as provided under section 2a>> to

11  exempt from the application of subsection (3) de minimis and

12  portable quantities of hazardous chemicals.  A rule authorized by

13  this subsection shall be promulgated pursuant to the

14  administrative procedures act of 1969, Act No. 306 of the Public

15  Acts of 1969, being sections 24.201 to 24.328 of the Michigan

16  Compiled Laws.

17        (5) A person subject to this section shall provide to the

18  fire chief  of the organized fire department for the

19  jurisdiction where the person is located a written update of  the

20  information required by this section when there is a significant

21  change relating to fire hazards in the quantity, location, or

22  presence of hazardous chemicals in the person's workplace.

23        (6) An ordinance, law, rule, regulation, policy, or practice

24  of a city, township, village, county, governmental authority

25  created by statute, or other political subdivision of the state

26  shall not require that a person who is  also  an employer under

27  the Michigan occupational safety and health act, 1974 PA 154, MCL

 1  408.1001 to 408.1094, provide to a fire chief  of an organized

 2  fire department  information regarding hazardous chemicals in the

 3  workplace in any other manner or to any greater extent than is

 4  required by this section or rules authorized by this section.

 5        Sec. 6. (1) The state fire marshal may investigate and

 6  inquire into the cause or origin of a fire occurring in this

 7  state resulting  that results in the loss of life or damage to

 8  property and for those purposes may enter, without restraint or

 9  liability for trespass, a building or premises and inspect the

10  building or premises and the contents and occupancies of the

11  building or premises.

12        (2) The state fire marshal shall investigate, and prepare a

13  report of the investigation, if a demonstration fire results in

14  the injury or death of an individual who is not a firefighter. As

15  used in this subsection, "demonstration fire" means a fire

16  intentionally set by a fire department for training or other

17  legitimate purposes.

18        (3) The chief of a fire department shall immediately report

19  to the state fire marshal any injury to or death of a person who

20  is not a firefighter resulting from a demonstration fire.

21        (4) If a firefighter dies or suffers a reportable injury as

22  defined under the Michigan occupational safety and health act,

23  1974 PA 154, MCL 408.1001 to 408.1094, resulting from a

24  demonstration fire, the department  of consumer and industry

25  services shall provide a copy of any report of the death or

26  reportable injury to the state fire marshal.

27        (5) As used in this section, "injury" means an injury that

 1  requires prompt medical attention by trained medical personnel.

 2        Sec. 10. Service of  the  an order of the state fire marshal

 3  provided for in  under section 9, or of any other order made by

 4  the state fire marshal  pursuant to  under this act, may be made

 5  in 1 or more of the following  manner  ways:

 6        (a) By personally delivering a copy of the order to the

 7  person or persons to whom it is directed within this state.

 8        (b) By delivering a copy of the order by registered mail,

 9  addressed to the last known post-office address of the addressee,

10  and deliverable to the addressee only, with return receipt

11  demanded, which service by registered mail shall be considered

12  requested. Service under this subdivision is personal and not

13  substituted service.

14        (c) If a person to whom the order is directed cannot be

15  found,  or does not have a known post-office address, or is not

16  a resident of this state,  then service of the order may be made

17  by publication in a newspaper published or circulating in the

18  county in which the property or premises described in the order

19  is situated, once in each week for 3 successive weeks, the last

20  publication to be made at least 10 days before the date of

21  performance specified in the order.

22        Sec. 16. (1) The refusal or failure of a defendant to comply

23  with  the terms of an order or direction of the court  in the

24  premises  issued under section 13, within the time limited for

25  compliance,  shall be considered  is contempt of court for which

26  the respondent may be  cited  ordered to appear and answer in the

27  same manner as in other cases of contempt of court. Upon the

 1  refusal or failure, the court may order the state fire marshal to

 2  execute the order and directions and abate the fire hazard and,

 3  for the purpose of executing the order and directions, to enter

 4  upon the premises and employ  , or contract for  , labor,

 5  tools, implements, or other assistance as is necessary for the

 6  performance of the work. The amount of the cost and expense of

 7  executing the order  shall be  is a lien upon the  lands  land

 8  and premises enforceable and collectible in the same manner as

 9  provided by law in the case of mechanics' liens  a construction

10  lien under the construction lien act, 1980 PA 497, MCL 570.1101

11  to 570.1305.

12        (2) Salvage of materials made in the abatement of the fire

13  hazard may be used by the  state fire marshal for defraying

14  bureau to defray the cost and expense of executing the order or

15  directions of the court to the extent of the cost and expense and

16  the discharge of the lien. A surplus over and above the cost and

17  expense  shall belong  belongs to the owner of the premises.

18        Sec. 21b. Notwithstanding  the provisions of  section 21a, a

19  liquefied compressed gas extinguishing  agents meeting agent

20  that meets both of the following conditions of toxicity and use

21  may be used in properly engineered fire extinguishing or fire

22  control systems:

23        (a) The agent in its normal state  does not fall within the

24  definition of subsection (1) of is not a prohibited agent or

25  propellant under section  21a 21a(1).

26        (b) The  compound agent is used only under conditions

27  approved by the national fire protection association and a

 1  nationally recognized independent testing laboratory that has

 2  considered the hazard of the thermal decomposition products and

 3  use approved by the  state fire marshal bureau.

 4        Sec. 21c. (1) The  state fire marshal bureau or, upon

 5  written request of the governing body of a city, village,

 6  township, or county and the approval of the  state fire marshal,

 7  the bureau, a fire chief,  of an organized fire department  or a

 8  fire fighter  firefighter in uniform acting under the orders and

 9  directions of a  local  fire chief  ,  shall at least annually

10  inspect each place of public assemblage to determine whether it

11  is being maintained in compliance with this act.

12        (2) A place of public assemblage shall not be established or

13  operated without obtaining a certificate from the  state fire

14  marshal bureau indicating its maximum capacity and that it is in

15  compliance with this act.

16        Sec. 21d. (1) The certificate required in section 21c(2)

17  shall be issued annually by the  state fire marshal bureau and

18  shall be displayed in a conspicuous location in the place of

19  public assemblage.

20        (2) If  the a place of public assemblage is not being

21  maintained in compliance with this act,  its certificate may be

22  revoked or denied and it may be ordered the bureau may revoke or

23  deny the certificate required by section 21c(2) and may order the

24  place of public assemblage to cease operation until it is in

25  compliance.

26         (3) For 1 year after the effective date of this section,

27  the state fire marshal may issue a provisional certificate for

 1  not more than 6 months to allow the place of public assemblage to

 2  be brought into compliance with this act.

 3        Sec. 23. The existence of a fire hazard, of any nature,

 4  origin, or cause, is  declared to be a nuisance and the nuisance

 5  may be abated, removed, corrected, and its continuance enjoined

 6  in the manner provided by law for the abatement of nuisances. If

 7  the state fire marshal  considers  determines that a fire hazard

 8  to be  is imminently dangerous or menacing to human life  so that

 9  and the public safety requires its immediate abatement, removal,

10  correction, or discontinuance, the state fire marshal may bring,

11  or cause to be brought, in the circuit court of the county in

12  which the fire hazard is located, an action  for the purpose of

13  abating, removing, correcting, or discontinuing  to abate,

14  remove, correct, or discontinue the fire hazard. Sections 3801 to

15  3840 of  Act No. 236 of the Public Acts of 1961, being sections

16  600.3801 to 600.3840 of the Michigan Compiled Laws, shall be

17  applicable to the procedure in  the revised judicature act of

18  1961, 1961 PA 236, MCL 600.3801 to 600.3840, apply to the action.

19  The court, in addition to the powers conferred by that act, may

20  make any order  or decree as considered  it determines is

21  necessary or expedient to ensure the safety and security of human

22  life, and may direct that a building described in the  bill of

23  complaint be razed and removed and all rubbish and debris

24  removed, or that the building be repaired and in what manner and

25  to what extent. The court  , in the order or decree, may direct

26  and command  may order the removal of occupancies of a building

27  , and the discontinuance of any use of the building

 1  constituting  that constitute a fire hazard or menace to human

 2  life, and may  direct and command  order the clearing and

 3  improvement of premises  as defined in this act and described in

 4  the  bill of complaint.  It may grant the issuance of a writ of

 5  The court may issue an injunction restraining the defendant from

 6  continuing the existence of a fire hazard,  and in the writ may

 7  include specific directions  as to what shall be done by  to the

 8  defendant,  in the premises, and may retain jurisdiction  of the

 9  cause for the time it shall determine to compel complete

10  performance of the  terms and conditions of an order,  decree,

11  writ, or other determination of the court.  in the premises. The

12  court may direct that the abatement of the fire hazard be done by

13  the department under the court's instructions,  as the court may

14  specify, and with provision for defraying the cost and expense

15  of the abatement as the court  considers  determines equitable

16  and authorized by this act. A continuance of a hearing  of the

17  cause  under this act shall not be granted except upon a clear

18  showing of unavoidable circumstances. Jurisdiction of the court

19  under this act  shall  does not depend upon the amount of money,

20  or value of property, involved.

21        Sec. 24. The state fire marshal shall include in the  state

22  fire marshal's  bureau's annual report to the governor as

23  required by law, a detailed account of the  state fire marshal's

24  bureau's administration of this act and of the receipts and

25  disbursements made under this act, together with recommendations

26  with reference to  for changes in this act as the state fire

27  marshal considers expedient.

 1        Sec. 26. (1) Except as provided in  section 27 and

 2  subsection (3), a firm located or operating in this state, unless

 3  certified under this section, shall not do any of the following:

 4        (a) Install, modify, or document the installation or

 5  modification of a  required  fire suppression system.

 6        (b) Document the installation or modification of a  required

 7  fire alarm system.

 8        (c) Perform a test, service, inspection, or item of

 9  maintenance  which that has not been exempted by the rules

10  promulgated by the  state fire safety board  bureau on a

11  required  fire alarm system or  required  fire suppression

12  system.

13        (d) Submit a drawing,  print, or sketch of a required plan,

14  or specification of a fire alarm system or  required  fire

15  suppression system to the  state fire marshal  bureau for

16  approval  pursuant to under section 29.

17        (2) The  state fire marshal  bureau shall certify a firm

18  which that submits a drawing,  print, or sketch of a required

19  plan, or specification of a fire alarm system or a  required

20  fire suppression system  ,  or  which that installs, modifies,

21  tests, services, inspects, maintains, or documents the

22  installation or modification of a  required  fire alarm system or

23  a  required  fire suppression system if the firm does both of the

24  following:

25        (a) Meets the requirements established by rules promulgated

26  under section 3c.

27        (b) Pays a fee of $150.00 to the  state fire marshal

 1  bureau.

 2        (3) Subsections (1)(d) and (2)  shall do not apply to an

 3  architect or professional engineer licensed under article 20 of

 4  Act No. 299 of the Public Acts of 1980, as amended, being

 5  sections 339.2001 to 339.2014 of the Michigan Compiled Laws the

 6  occupational code, 1980 PA 299, MCL 339.2001 to 339.2014.

 7        Sec. 28. (1)  Each location of a A firm certified under

 8  section 26  or 27  shall display the certificate issued by the

 9  state fire marshal  bureau or a duplicate of that certificate at

10  each location where the firm conducts business.

11        (2)  Each A firm certified under section 26  or 27  shall

12  maintain a record of the installation, testing, service,

13  inspection, maintenance, modification, and documentation of each

14  required  fire alarm system or  required  fire suppression system

15  the firm installed, tested, modified, inspected, serviced,

16  maintained, or documented, pursuant to  the  rules promulgated by

17  the  fire safety board  bureau. A copy of  that the record shall

18  be kept in the building or other location acceptable to the

19  state fire marshal  bureau in which the system has been

20  installed. The owner, operator, or a designated representative of

21  the owner or operator of the building shall make the record

22  available for inspection by the  state fire marshal  bureau

23  during normal business hours.

24        (3)  Except as provided in section 27, a A firm required to

25  be certified under section 26 shall secure recertification every

26  3 years and  shall  pay a fee of $150.00 for the recertification.

27        (4) The fees specified in this section and sections 26  ,

 1  27,  and 29 shall be paid to the  state fire marshal  bureau for

 2  implementation of sections 26 to 33.

 3        Sec. 29. (1) Except as provided in subsection (7),  before

 4  the installation or modification of a required a firm shall not

 5  install or modify a fire alarm system or  required  fire

 6  suppression system, before the firm submits detailed plans and

 7  specifications of the system  shall be submitted for approval to

 8  the  state fire marshal  bureau for approval.

 9        (2) A firm  which that installs or modifies a  required

10  fire suppression system shall submit written documentation of the

11  installation or modification of the system and a fee of $40.00 to

12  the  state fire marshal  bureau.

13        (3) A firm  which that documents the installation or

14  modification of a  required  fire alarm system shall submit

15  written documentation of installation or modification of the

16  system and a fee of $40.00 to the  state fire marshal  bureau.

17        (4) The documentation required  in by this section shall be

18  on a form provided by the  state fire marshal  bureau and shall

19  state both of the following:

20        (a) That the system has been installed or modified pursuant

21  to the specifications of the manufacturer for each of the

22  components of the  required  fire alarm system or  required  fire

23  suppression system and in compliance with all applicable state

24  law.

25        (b) That the system has been tested and placed in proper

26  operating condition under the supervision of an architect or

27  professional engineer licensed under article 20 of  Act No. 299

 1  of the Public Acts of 1980, as amended, being sections 339.2001

 2  to 339.2014 of the Michigan Compiled Laws the occupational code,

 3  1980 PA 299, MCL 339.2001 to 339.2014, or by an employee of a

 4  firm certified under section 26.  or 27.

 5        (5)  The Fire alarm system or fire suppression system

 6  testing, servicing, inspection, or maintenance  which that is

 7  not exempt under rules promulgated by the  state fire safety

 8  board of a required fire alarm system or required fire

 9  suppression system  bureau shall be performed by a firm certified

10  under section 26.  or 27.  The testing, servicing, inspection, or

11  maintenance of the  required  fire alarm system or  required

12  fire suppression system shall be noted and displayed at the

13  location of the main control or other location acceptable to the

14  state fire marshal  bureau and  shall be  filed with the owner,

15  operator, or a designated representative of the owner or operator

16  of the building in which the  required  fire alarm system or

17  required  fire suppression system is installed.

18        (6) A drawing  which that depicts the completed

19  installation of the  required  fire alarm system or  required

20  fire suppression system shall be available to the  state fire

21  marshal  bureau or the fire safety inspector of the city,

22  village, or township in which the building is located for use

23  during an inspection of a  required  fire alarm system or

24  required  fire suppression system.

25        (7) A firm  which that installs, modifies, tests, services,

26  inspects, or maintains a  required  fire suppression system or a

27  required  fire alarm system on its own premises shall be

    Senate Bill No. 1133 as amended May 9, 2006          (1 of 2)

 1  certified under section 26,  or 27,  but shall only be required

 2  to provide detailed plans and specifications or documentation of

 3  the system  only upon the request of the state fire marshal

 4  pursuant to the if requested by the state fire marshal under

 5  rules promulgated by the  fire safety board  bureau.

 6        Sec. 30. (1) If a firm certified under section 26  or 27

 7  discovers a  required  fire alarm system or  required  fire

 8  suppression system  which that the firm believes  to be was

 9  installed, serviced, modified, tested, or maintained  in a manner

10  which is  in violation of state law, the firm immediately shall

11  report the alleged violation to the  state fire marshal bureau

12  on a form provided by the  state fire marshal bureau and to the

13  owner, operator, or a designated representative of the owner or

14  operator of the building in which the  required  fire alarm

15  system or  required  fire suppression system is installed.

16        (2) Upon notification under subsection (1) that  the

17  required a fire alarm system or  required  fire suppression

18  system is installed, serviced, modified, tested, or maintained in

19  a manner  which the that a firm believes to be in violation of

20  state law, the owner, operator, or a designated representative of

21  the owner or operator of the building in which the  required

22  fire alarm system or  required  fire suppression system is

23  installed shall provide the  state fire marshal bureau with a

24  written acknowledgment of the notice of the alleged violations

25  and the action taken by the owner, operator, or designated

26  representative of the owner or operator on a form provided by the

27  state fire marshal bureau.

     <<Sec. 31. (1) A township, city, village, or county shall not adopt or

 enforce an ordinance or resolution that is inconsistent with this act or any rule promulgated under this act.

     (2) A state agency shall not promulgate rules inconsistent with this

Senate Bill No. 1133 as amended May 9, 2006                        (2 of 2)

act. This subsection does not apply to the motor carrier safety act of 1963, <<Act No. 181 of the Public Acts of 1963, being sections 480.11 to 480.21 of the Michigan Compiled Laws, 1963 PA 181, MCL 480.11 TO 480.21>>, or rules promulgated under that act by the motor carrier division of the department of state police.

(3) An organized fire department shall not charge a fee for conducting an inspection of a farm operation under title III of the superfund amendments and reauthorization act of 1986, Public Law 99-499, unless the fee is specifically provided by law.

(4)(3) As used in this section, "inconsistent" means a rule or ordinance that is more permissive than the provisions of this act, or is more restrictive, or requires more action, equipment, or permits, or prevents or obstructs compliance with the provisions of this act.>>

 1        Sec. 32. (1) The certification of a firm under section 26

 2  or 27  may be suspended by the  state fire marshal bureau

 3  pending a hearing by the  state fire safety  board as specified

 4  in section 3c, if the firm documents the installation or

 5  modification of a  required  fire alarm system or  required  fire

 6  suppression system and the system does not comply with  the

 7  applicable state law or if the firm installs, tests, services,

 8  inspects, or maintains a  required  fire alarm system or a

 9  required  fire suppression system in a manner not in compliance

10  with applicable state law. After the hearing, the  state fire

11  safety  board may affirm, reverse, or modify the  state fire

12  marshal's  decision of the bureau to suspend a firm's

13  certification or may revoke the firm's certification. A firm

14  whose certification is revoked under this section may be

15  recertified only after an additional hearing before the  state

16  fire safety  board.

17        (2) The  state fire marshal bureau shall not accept for

18  approval  pursuant to under section 29(1) plans or

19  specifications submitted by an architect or professional engineer

20  who has failed to provide corrected plans and specifications

21  prior to before the installation of a  required  fire alarm

22  system or  required  fire suppression system for which previous

23  plans and specifications have been disapproved. The  state fire

24  marshal bureau may  resume accepting accept for approval under

25  section 29(1) plans and specifications  for approval pursuant to

26  section 29(1)  submitted by that architect or engineer only after

27  a hearing before the  state fire safety  board.

 1        Enacting section 1. This amendatory act does not affect the

 2  transfer of authority, powers, duties, functions, and

 3  responsibilities under this act to the department of

 4  environmental quality under Executive Reorganization Order Nos.

 5  1997-2 and 1998-2, MCL 29.451 and 29.461, or to the department of

 6  state police and the director of the department of state police

 7  under Executive Reorganization Order No. 2003-1, MCL 445.2011.

 8        Enacting section 2. Sections 3d, 27, and 34 of the fire

 9  prevention code, 1941 PA 207, MCL 29.3d, 29.27, and 29.34, are

10  repealed.

11        Enacting section 3. This amendatory act does not take effect

12  unless House Bill No. 5860 of the 93rd Legislature is enacted

13  into law.