SB-1133, As Passed Senate, May 9, 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

 

 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        (c) Participate in the child fire setting and juvenile arson

 

23  program.

 

24        (d) Participate in the national fire incident reporting

 

25  system.

 

26        (e) Operate an accelerant detecting canine program.

 

27        (f) 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

 

 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  administrative capacity.

 

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  <<                        >> 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  ,