October 12, 2005, Introduced by Reps. Bieda and Gleason and referred to the Committee on Regulatory Reform.
A bill to amend 1972 PA 230, entitled
"Stille-DeRossett-Hale single state construction code act,"
by amending sections 4 and 10 (MCL 125.1504 and 125.1510), section
4 as amended by 2004 PA 584 and section 10 as amended by 1999 PA
245.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) The director shall prepare and promulgate the
state construction code consisting of rules governing the
construction, use, and occupation of buildings and structures,
including land area incidental to the buildings and structures, the
manufacture and installation of building components and equipment,
the construction and installation of premanufactured units, the
standards and requirements for materials to be used in connection
with the units, and other requirements relating to the safety,
including safety from fire, and sanitation facilities of the
buildings and structures.
(2) The code shall consist of the international residential
code, the international building code, the international mechanical
code, the international plumbing code published by the
international code council, the national electrical code published
by the national fire prevention association, and the Michigan
uniform energy code with amendments, additions, or deletions as the
director determines appropriate.
(3) The code shall be designed to effectuate the general
purposes of this act and the following objectives and standards:
(a) To provide standards and requirements for construction and
construction materials consistent with nationally recognized
standards and requirements.
(b) To formulate standards and requirements, to the extent
practicable in terms of performance objectives, so as to make
adequate performance for the use intended the test of
acceptability.
(c) To permit to the fullest extent feasible the use of modern
technical methods, devices, and improvements, including
premanufactured units, consistent with reasonable requirements for
the health, safety, and welfare of the occupants and users of
buildings and structures.
(d) To eliminate restrictive, obsolete, conflicting, and
unnecessary construction regulations that tend to increase
construction costs unnecessarily or restrict the use of new
materials, products, or methods of construction, or provide
preferential treatment to types or classes of materials or products
or methods of construction.
(e) To insure adequate maintenance of buildings and structures
throughout this state and to adequately protect the health, safety,
and welfare of the people.
(f) To provide standards and requirements for cost-effective
energy
efficiency. that will be effective April 1, 1997.
(g) Upon periodic review, to continue to seek ever-improving,
cost-effective energy efficiencies.
(h) The development of a voluntary consumer information system
relating to energy efficiencies.
(i) To provide standards and requirements for a temporary
building or structure that ensure the public health, safety, and
general welfare and take into account the temporary nature of the
building or structure. Unless a building official grants an
extension for demonstrated cause, a temporary building or structure
shall be removed within 180 days of its installation.
(4) The code shall be divided into sections as the director
considers appropriate including, without limitation, building,
plumbing, electrical, and mechanical sections. The boards shall
participate in and work with the staff of the director in the
preparation of parts relating to their functions. Before the
promulgation of an amendment to the code, the boards whose
functions relate to that code shall be permitted to draft and
recommend to the director proposed language. The director shall
give consideration to all submissions by the boards. However, the
director has final responsibility for the promulgation of the code.
(5) The code may incorporate the provisions of a code,
standard, or other material by reference. The director shall add,
amend, and rescind rules to update the code not less than once
every 3 years to coincide with the national code change cycle.
(6) Before the Michigan building code, the Michigan
residential code, the Michigan plumbing code, the Michigan
mechanical code, the Michigan uniform energy code, and the Michigan
rehabilitation code may be enforced, the director shall make each
Michigan-specific code available to the general public for at least
45 days in printed, electronic, or other form that does not require
the user to purchase additional documents or data in any form in
order to have an updated complete version of each specific code,
excluding other referenced standards within each code. This
subsection does not apply to any code effective before April 1,
2005.
Sec. 10. (1) Except as otherwise provided in the code, before
construction of a building or structure, the owner, or the owner's
builder, architect, engineer, or agent, shall submit an application
in writing to the appropriate enforcing agency for a building
permit. The application shall be on a form prescribed by the
commission and, except as provided in subsection (9), shall be
accompanied by payment of the fee established by the enforcing
agency. The application shall contain a detailed statement in
writing ,
verified by affidavit of the person making it, of
the
specifications for the building or structure, and full and complete
copies of the plans drawn to scale of the proposed work. Except as
provided in subsection (10), the application shall be verified by
affidavit of the person submitting it. A site plan showing the
dimensions, and the location of the proposed building or structure
and other buildings or structures on the same premises, shall be
submitted with the application. The application shall state in full
the name and residence, by street and number, of the owner in fee
of the premises on which the building or structure will be
constructed, and the purposes for which it will be used.
(2) If construction is proposed to be undertaken by a person
other than the owner of the land in fee, the statement shall
contain the full name and residence, by street and number, of the
owner and also of the person proposing the construction. The
affidavit shall state that the specifications and plans are true
and complete and contain a correct description of the building or
structure, lot, and proposed work. The statements and affidavits
may be made by an owner, or the owner's attorney, agent, engineer,
architect, or builder, by the person who proposes to make the
construction or alteration, or by that person's agent, engineer,
architect, or builder. A person shall not be recognized as the
agent, attorney, engineer, architect, or builder of another person
unless the person files with the enforcing agency a written
instrument, which shall be an architectural, engineering or
construction contract, power of attorney, or letter of
authorization signed by that other person designating the person as
the agent, attorney, architect, engineer, or builder and, in case
of a residential builder or maintenance and alteration contractor,
architect, or engineer, setting forth the person's license number
and the expiration date of the license.
(3) A person licensed or required to be licensed as a
residential builder or residential maintenance and alteration
contractor under the occupational code, 1980 PA 299, MCL 339.101 to
339.2721,
a master or journeyman journey plumber pursuant
to
1929
PA 266, MCL 338.901 to 338.917 under
the state plumbing act,
2002 PA 733, MCL 338.3511 to 338.3569, an electrical contractor or
master
or journeyman electrician pursuant to under the electrical
administrative act, 1956 PA 217, MCL 338.881 to 338.892, or
pursuant
to under a local ordinance, or as a mechanical contractor
pursuant
to under the forbes Forbes
mechanical contractors act,
1984 PA 192, MCL 338.971 to 338.988, who applies for a building
permit to perform work on a residential building or a residential
structure shall, in addition to any other information required
pursuant
to under this act, provide on the building permit
application all of the following information:
(a) The occupational license number of the applicant and the
expiration date of the occupational license.
(b) One of the following:
(i) The name of each carrier providing worker's disability
compensation insurance to the applicant if the applicant is
required
to be insured pursuant to under the worker's
disability
compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941.
(ii) The reasons for exemption from the requirement to be
insured if the applicant is not required to be insured under the
worker's disability compensation act of 1969, 1969 PA 317, MCL
418.101 to 418.941.
(c) One of the following:
(i) The employer identification number, if the applicant is
required
to have an employer identification number pursuant to
under section 6109 of the internal revenue code of 1986.
(ii) The reasons for exemption from the requirement to have an
employer
identification number pursuant to under section 6109 of
the internal revenue code if the applicant is not required to have
an
employer identification number pursuant to under section 6109
of the internal revenue code of 1986.
(d) One of the following:
(i) The Michigan employment security commission employer
number,
if the applicant is required to make contributions
pursuant
to under the Michigan employment security act, 1936 (Ex
Sess) PA 1, MCL 421.1 to 421.75.
(ii) If the applicant is not required to make contributions,
the reasons for exemptions from the requirement to make
contributions under the Michigan employment security act, 1936 (Ex
Sess) PA 1, MCL 421.1 to 421.75.
(4) The building permit application form shall contain the
following statement in 8-point boldfaced type immediately above the
location for the applicant's signature:
"Section 23a of the Stille-DeRossett-Hale single state
construction
code act, of 1972, 1972 PA 230, MCL 125.1523a,
prohibits a person from conspiring to circumvent the licensing
requirements of this state relating to persons who are to perform
work on a residential building or a residential structure.
Violators of section 23a are subjected to civil fines.".
(5) The application for a building permit shall be filed with
the enforcing agency and the application and any other writing
prepared, owned, used, in the possession of, or retained by the
enforcing agency in the performance of an official function shall
be made available to the public in compliance with the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246. An application
shall not be removed from the custody of the enforcing agency after
a building permit has been issued.
(6) This section shall be construed to allow the imposition of
requirements in the code, or in other laws or ordinances, for
additional permits for particular kinds of work, including plumbing
and electrical, or in other specified situations. The requirements
of the code may provide for issuance of construction permits for
certain of the systems of a structure and allow construction to
commence on those systems approved under that permit even though
the design and approval of all the systems of the structure have
not been completed and subsequent construction permits have not
been issued.
(7) Notwithstanding this section, a building permit is not
required for ordinary repairs of a building and structure.
(8) Notwithstanding this section, a building permit is not
required for a building incidental to the use for agricultural
purposes of the land on which the building is located if it is not
used in the business of retail trade.
(9) An enforcing agency shall not charge a fee for the review
or approval of plans for the construction or use of a residential
ramp if the residential ramp is a temporary structure and if the
residential ramp complies with all of the following:
(a) Unless a building official grants an extension for
demonstrated cause, the residential ramp is removed within 180 days
of its installation.
(b) It is not attached to a building or structure.
(c) No part of the ramp or a footing for the ramp is below the
adjacent grade, as that term is used in the code.
(d) The ramp is contiguous to a residence.
(10) An enforcing agency shall not require verification by
affidavit of an application submitted under subsection (1) for the
construction or use of a residential ramp if the residential ramp
qualifies for the fee exemption under subsection (9) and if the
applicant meets all of the following:
(a) Is the owner of the residence.
(b) Is a person with disabilities.
(c) At the time of the application, resides in a facility that
provides organized nursing care and medical treatment to 7 or more
unrelated individuals who are suffering or recovering from illness,
injury, or infirmity.
(d) Intends to reside in the residence when no longer residing
in the facility described in subdivision (c).