January 18, 2006, Introduced by Senator KUIPERS and referred to the Committee on Economic Development, Small Business and Regulatory Reform.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending section 2401 (MCL 339.2401), as amended by 1991 PA 166.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2401. As used in this article:
(a) "Dry-stack walls" means walls constructed of pavers,
bricks, wood, plastic, aggregates, polyesters, blocks, or natural
or artificial stone, without mortar, concrete, or adhesives for
other than the top course.
(b) (a)
"Residential builder"
means a person engaged in the
construction of a residential structure or a combination
residential and commercial structure who, for a fixed sum, price,
fee, percentage, valuable consideration, or other compensation,
other than wages for personal labor only, undertakes with another
or offers to undertake or purports to have the capacity to
undertake with another for the erection, construction, replacement,
repair, alteration, or an addition to, subtraction from,
improvement, wrecking of, or demolition of, a residential structure
or combination residential and commercial structure; a person who
manufactures, assembles, constructs, deals in, or distributes a
residential or combination residential and commercial structure
which is prefabricated, preassembled, precut, packaged, or shell
housing; or a person who erects a residential structure or
combination residential and commercial structure except for the
person's own use and occupancy on the person's property.
Residential builder does not include a person who does any of the
following exterior work:
(i) Provides or installs pavers, bricks, wood, plastic,
aggregates, polyesters, blocks, or natural or artificial stone for
purposes of constructing patios, walkways, or driveways, without
mortar, concrete, or adhesives.
(ii) Constructs dry-stack walls not exceeding 24 inches above
grade.
(iii) Constructs freestanding decorative improvements, such as
gazebos, arbors, or lattice, not attached to a residential
structure, and for which a building permit is not required by the
state or a governmental subdivision.
(c) (b)
"Residential maintenance and
alteration contractor"
means a person who, for a fixed sum, price, fee, percentage,
valuable consideration, or other compensation, other than wages for
personal labor only, undertakes with another for the repair,
alteration, or an addition to, subtraction from, improvement of,
wrecking of, or demolition of a residential structure or
combination residential and commercial structure, or building of a
garage, or laying of concrete on residential property, or who
engages in the purchase, substantial rehabilitation or improvement,
and resale of a residential structure, engaging in that activity on
the
same structure more than twice in 1 calendar year, except in
under the following instances circumstances:
(i) If the The work is for the person's
own use and
occupancy.
(ii) If the The rehabilitation or
improvement work of
residential type property or a structure is contracted for, with,
or hired entirely to be done and performed for the owner by a
person licensed under this article.
(iii) If The work is performed by a
person employed by the
owner to perform work for which the person is licensed by the
state.
(iv) The work involves activities described in subdivision
(b)(i), (ii), or (iii).
(d) (c)
"Residential structure"
means a premises used or
intended to be used for a residence purpose and related facilities
appurtenant to the premises, used or intended to be used, as an
adjunct of residential occupancy.
(e) (d)
"Salesperson" means an
employee or agent, other than
a qualifying officer, of a licensed residential builder or
residential maintenance and alteration contractor, who for a
salary, wage, fee, percentage, commission, or other consideration,
sells or attempts to sell, negotiates or attempts to negotiate,
solicits for or attempts to solicit for, obtains or attempts to
obtain a contract or commitment for, or furnishes or attempts or
agrees to furnish, the goods and services of a residential builder
or residential maintenance and alteration contractor, except a
person working for a licensed residential builder or residential
maintenance
and alteration contractor who makes sales which that
are occasional and incidental to the person's principal employment.
(f) (e)
"Wages" means money paid
or to be paid on an hourly
or daily basis by an owner, lessor, or occupant of a residential
structure or combination residential and commercial structure as
consideration for the performance of personal labor on the
structure by a person who does not perform or promise to perform
the labor for any other fixed sum, price, fee, percentage, valuable
consideration, or other compensation and who does not furnish or
agree to furnish the material or supplies required to be used in
the
performance of the labor or an act defined in subdivision (a)
or
(b) or (c).