March 14, 2006, Introduced by Senators PRUSI, GARCIA, CHERRY, ALLEN, GEORGE, CLARKE, KUIPERS and SCHAUER and referred to the Committee on Economic Development, Small Business and Regulatory Reform.
A bill to amend 1941 PA 207, entitled
"Fire prevention code,"
by amending sections 1, 2, 2a, 2b, 2c, 3b, 3c, 3e, 4, 5a, 5d, 5g,
5h, 5i, 5p, 10, 16, 21b, 21c, 21d, 23, 24, 26, 28, 29, 30, and 32
(MCL 29.1, 29.2, 29.2a, 29.2b, 29.2c, 29.3b, 29.3c, 29.3e, 29.4,
29.5a, 29.5d, 29.5g, 29.5h, 29.5i, 29.5p, 29.10, 29.16, 29.21b,
29.21c, 29.21d, 29.23, 29.24, 29.26, 29.28, 29.29, 29.30, and
29.32), sections 1, 3b, 3c, 5a, and 5d 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 by 1987 PA 70,
section 5p as added by 1986 PA 67, and sections 26, 28, 29, 30,
and 32 as added by 1982 PA 144, and by adding sections 1b, 1c,
and 1d; 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,
22 corporation, or voluntary association.
23 (h) (g) "Owner" means a person with an ownership
interest
24 in property, and includes a trustee, a board of trustees of
1 property, or and a person having with a
freehold interest in
2 property. Owner does not include a lessee or mortgagee of
3 property.
4 (i) (h) "Organized fire department" means an
organization
5 or department which provides fire suppression and other fire
6 related services within a city, village, or township and is a
7 fire department of a city, village, or township, or a fire
8 service designated by a city, village, or township, pursuant to a
9 contract. Organized fire department includes a department of
10 county employees who are responsible for fire suppression and
11 other fire related services for an airport operated by the county
12 or an agency of the county. a department, authority, or other
13 governmental entity that safeguards life and property from damage
14 from explosion, fire, or disaster and that provides fire
15 suppression and other related services in this state. Organized
16 fire department includes any lawfully organized firefighting
17 force in this state.
18 (j) (i) "State fire marshal" means the director
or an
19 officer of the department individual appointed by the director
20 to implement this act under
section 1b.
21 (k) (j) "Firm" means a sole proprietorship,
partnership,
22 association, or corporation.
23 (l) (k) "Vehicle"
means a tank vehicle or bulk
24 transportation vehicle, excluding the tractor of a tank vehicle
25 or bulk transportation vehicle.
26 (m) (l) "Hazardous
material" means explosives,
27 pyrotechnics, flammable gas, flammable compressed gas,
1 nonflammable compressed gas, flammable liquid, combustible
2 liquid, oxidizing material, poisonous gas, poisonous liquid,
3 irritating material, etiologic material, radioactive material,
4 corrosive material, or liquefied petroleum gas.
5 (n) (m) "Fire fighter" "Firefighter" means a member of an
6 organized fire department who is responsible for fire suppression
7 and other fire related services.
8 (o) (n) "Place of public assemblage" means a room
or other
9 space in a building which if the room or other space
can
10 accommodate 50 or more individuals, including all connected
11 rooms and space which spaces
that share a common means of
12 entrance and egress. Place of public assemblage does not include
13 a private 1- or 2-family dwelling.
14 (p) (o) "Fire chief" or "chief of an
organized fire
15 department" means the chief operating officer of an organized
16 fire department.
17 (q) (p) "Board" means the state fire safety board
created
18 in section 3b.
19 (r) (q) "Terminal" means a location at which where
an
20 above ground aboveground liquid storage tank containing a
21 flammable liquid is located.
22 (s) (r) "Attended terminal" means a terminal,
other than a
23 remote control terminal, where an individual knowledgeable in the
24 above ground aboveground liquid storage tank filling operation
25 is physically in attendance and control during the entire
26 delivery of a flammable liquid and has as his or her primary
27 responsibility , supervising the storage tank filling
1 operation.
2 (t) (s) "Unattended terminal" means a terminal,
other than
3 a remote control terminal or an attended terminal, where an
4 individual knowledgeable in the above ground aboveground liquid
5 storage tank filling operation is only in attendance during a
6 portion of the time when a flammable liquid is being delivered or
7 has as his or her the individual's primary responsibility , is
8 a function other than supervising the storage tank filling
9 operation.
10 (u) (t) "Remote control terminal" means a terminal
where
11 the filling of the
above ground an aboveground liquid storage
12 tank with a flammable liquid is controlled at a remote location
13 by the individual who conveyed the flammable liquid to the
14 terminal.
15 (v) (u) "Pipeline" means a pipeline used to
convey that
16 conveys a flammable liquid from a crude petroleum wellhead
17 collection site to a refinery or terminal or from a refinery to a
18 terminal. A pipeline Pipeline does not mean
gathering lines
19 that convey a flammable liquid from the wellhead to a crude
20 petroleum collection tank or piping used within in a
plant
21 operation.
22 (w) (v) "Fire alarm system" means an assemblage of
23 components which that indicates or provides a warning of a fire
24 emergency, installation of which is required by the state fire
25 marshal pursuant to bureau under rules promulgated by the state
26 fire safety board under
section 3c.
27 (x) (w) "Fire suppression system" means an
integrated
1 combination of a fire alarm system and fire suppression equipment
2 which that,
as a result of predetermined temperature, rate of
3 temperature rise, products of combustion, flame, or human
4 intervention, will discharge a fire extinguishing substance over
5 a fire area, installation of which is required by the state fire
6 marshal pursuant to bureau under rules promulgated by the state
7 fire safety board under
section 3c.
8 (y) (x) "Flammable liquid" means a liquid having
with a
9 flash point below 100 degrees fahrenheit Fahrenheit and having
10 a vapor pressure that
does not exceeding exceed
40 pounds per
11 square inch absolute at 100 degrees fahrenheit Fahrenheit.
12 (z) (y) "Combustible liquid" means a liquid having
with
13 a flash point at or above 100 degrees fahrenheit Fahrenheit and
14 below 200 degrees fahrenheit Fahrenheit.
15 (aa) (z) "Owner of a vehicle" means either
1 or more of
16 the following:
17 (i) Any person renting
or leasing a vehicle or having A
18 person who rents or leases the vehicle or has the exclusive use
19 of a the vehicle for a period greater than 30 days.
20 (ii) A Subject to subparagraph (iii), a person who holds the
21 legal title to a the vehicle. , or if a
22 (iii) If the vehicle is the
subject of an agreement for the
23
a conditional sale or lease of the
vehicle agreement with the
24 right of purchase upon performance of the conditions stated in
25 the agreement, and with an if the conditional vendee or lessee
26
has the immediate right of possession, vested
in the conditional
27 vendee or lessee, or if a
mortgagor of a vehicle is entitled to
1 possession, then the conditional vendee or lessee or mortgagor.
2 shall be considered the owner.
3 (bb) (aa) "Noncommercial transportation" means the
4 occasional transportation of personal property by an individual
5 not for compensation or in the furtherance of a commercial
6 enterprise, and transportation not regulated under the motor
7 carrier safety act of
1963, Act No. 181 of the Public
Acts of
8 1963, being sections 480.11 to 480.21 of the Michigan Compiled
9 Laws 1963 PA 181, MCL 480.11 to 480.25.
10 Sec. 1b. (1) The bureau of fire services is created in the
11 department.
12 (2) The director shall appoint a state fire marshal to serve
13 as the head of the bureau and of the office of the state fire
14 marshal. The state fire marshal shall be a member of the
15 classified state civil service.
16 (3) The bureau shall include the following:
17 (a) The fire fighters training council created under section
18 3 of the fire fighters training council act of 1966, 1966 PA 291,
19 MCL 29.363.
20 (b) The board.
21 (c) Any other agency, board, or commission designated as a
22 part of the bureau by law.
23 (4) The bureau shall have all of the authority, powers,
24 duties, functions, and responsibilities transferred from the fire
25 marshal division of the department of state police to the
26 department under Executive Reorganization Order No. 2003-1, MCL
27 445.2011. The department shall perform the budgeting,
1 procurement, and related management functions of the bureau. The
2 bureau shall administer the authority, powers, duties, functions,
3 and responsibilities vested in the bureau efficiently and may
4 make internal organizational changes to ensure efficient
5 administration.
6 Sec. 1c. (1) The bureau shall do all of the following:
7 (a) Serve as a focal point for matters relating to fire
8 services in this state.
9 (b) Coordinate with the fire investigation unit of the
10 department of state police activities relating to fire
11 investigations, fire investigator training, and the provision of
12 related assistance to local law enforcement and fire service
13 agencies.
14 (c) Provide forms that cities, villages, and townships may
15 use to grant permits for fireworks under section 243b of the
16 Michigan penal code, 1931 PA 328, MCL 750.243b.
17 (2) The bureau may do 1 or more of the following:
18 (a) Establish a program for the reporting and central
19 compilation of fire service personnel credentials, including, but
20 not limited to, qualifications, tests, examinations,
21 certifications, educational experience, and training.
22 (b) In conjunction with the office of financial and
23 insurance services, establish a system for the reporting of
24 uninsured fire loss and an insurance fraud program.
25 (c) Participate in the child fire setting and juvenile arson
26 program.
27 (d) Participate in the national fire incident reporting
1 system.
2 (e) Operate an accelerant detecting canine program.
3 (f) All other things necessary or convenient to achieve the
4 objectives and purposes of the bureau under this act and other
5 laws that relate to the purposes and responsibilities of the
6 bureau.
7 (3) The state fire marshal may organize or reorganize the
8 bureau and appoint assistants and employees with titles, powers,
9 and duties related to the administration and enforcement of this
10 act.
11 Sec. 1d. The state fire marshal shall do all of the
12 following:
13 (a) Oversee and direct fire service programs in this state
14 that are vested in the bureau.
15 (b) Perform the powers and duties of the state fire marshal
16 under this act in a manner that maximizes the effective
17 administration of the fire service of this state.
18 (c) Serve as policy advisor to the governor on the
19 development and administration of fire service policies,
20 programs, and procedures.
21 (d) Participate in the development, review, and
22 implementation of the Michigan hazard mitigation plan.
23 (e) Provide information for the development and regular
24 updating of the Michigan hazard analysis, including the
25 structural fires element, and the Michigan emergency management
26 plan required under section 7a of the emergency management act,
27 1976 PA 390, MCL 30.407a.
1 Sec. 2. Except as otherwise provided in this act, the
2 administration and enforcement of this act are vested
in the
3 department of state police the
responsibility of the bureau.
4 The director may create and maintain a division of the department
5 as he shall deem necessary or expedient, and organize or
6 reorganize the same, including the appointment of division heads,
7 assistants, and employees with titles, powers, and duties related
8 to the administration and enforcement of this act as he shall
9 designate and prescribe.
10 Sec. 2a. (1) Rules promulgated under this act shall be
11 promulgated pursuant to Act No. 306 of the Public Acts of 1969,
12 as amended, being sections 24.201 to 24.315 of the Michigan
13 Compiled Laws the administrative procedures act of 1969,
1969 PA
14 306, MCL 24.201 to 24.328.
15 (2) The state fire marshal, shall after consultation with
16
the board, may appoint ad hoc
committees to assist the board in
17 the promulgation of bureau, including the board and the state
18 fire marshal, in promulgating rules under this act. The
19 committees shall consist of as many members as the state fire
20 marshal considers necessary, but shall include at least 2 persons
21 who are representatives of 1 or more fire associations having a
22 direct interest in the rules and at least 1 person who is
23 representative of the persons owning facilities regulated by this
24 act.
25 (3) The committees appointed under subsection (2) shall
26 serve during the promulgation of the rules, shall
may make
27 recommendations on the content of the rules, and may recommend
1 revisions in the rules.
2 (4) The board shall make recommendations on the content of
3 the rules promulgated under this act and may recommend revisions
4 in proposed rules or existing rules.
5 Sec. 2b. (1) Upon the On request by resolution of
a
6 governing body of a city, village, or township, the state fire
7 marshal an organized fire department, the bureau may delegate to
8 1 or more employees of the city, village, or township employed
9 as full-time fire inspectors individuals employed as full-time
10 fire inspectors by the organized fire department and certified
11 under subsection (2) the authority to enforce 1 or more of the
12 fire safety rules promulgated under this act. ,
if the employees
13 have been certified as certified fire inspectors by the state
14 fire marshal and that certification has not been revoked by the
15 state fire marshal.
16 (2) The state fire safety board bureau shall
promulgate
17 rules establishing the qualifications for the certification
18 of the employees an
individual described in subsection (1).
19 who may be delegated the authority by the state fire marshal to
20 enforce 1 or more of the fire safety rules promulgated under this
21 act. The state fire
marshal shall certify those employees an
22
individual who meet meets
the qualifications established by the
23 board bureau. The delegation of authority under subsection (1)
24 shall not be construed to does not
prohibit a city, village, or
25 township from adopting fire safety ordinances or a city, village,
26 township, or other governmental entity otherwise authorized from
27 employing persons as fire inspectors.
1 (3) The authority delegated under subsection (1) may be
2 delegated for not more than 2 years, but may be renewed under
3 subsection (1) for subsequent 2-year periods. The authority shall
4 be revoked by the state fire marshal bureau,
if the state fire
5 marshal bureau
finds that the employees are employee
is not in
6 compliance with subsection (1) or if the governing body of the
7 employing city, village, or township, by resolution, requests the
8 revocation.
9 (4) The state fire safety board shall review all
decisions
10 of the state fire marshal in bureau delegating or
revoking the
11 authority delegated under subsection (1) and may overrule
12 those decisions, if rendered a decision if it is made contrary
13 to subsection (1).
14 Sec. 2c. (1) To implement and enforce this act, the
15 director bureau may charge hospitals operation and maintenance
16 inspection fees and may charge hospitals and schools plan review
17 and construction inspection fees as provided in this section.
18 (2) Fees charged under subsection (1) shall be deposited in
19 the general fund in a restricted account. The fees collected
20 under this act and placed in the restricted account shall be used
21 exclusively for the funding of only to fund the services for
22 which the fees are were collected and shall remain in the
23 restricted account at the end of the fiscal year.
24 (3) For the fiscal year beginning October 1, 1995,
the fees
25 charged under subsection (1) shall be paid in accordance with the
26 following fee schedule:
27 Operation and maintenance inspection fee
1 Facility Type Facility Size Fee
2 Hospitals Any $10.00
per bed
3 Plan review and construction inspection fees for hospitals and
4 schools
5 Project cost range Fee
6 $85,000.00 or less minimum
fee of $100.00
7 $85,001.00 to $1,500,000.00 $1.18
per $1,000.00
8 $1,500,001.00 to $10,000,000.00 $0.80
per $1,000.00
9 $10,000,001.00 or more $0.50
per $1,000.00
10 or a
maximum fee of
11 $50,000.00.
12 (3) (4) The fee schedule in subsection (3) is only
13 applicable for the fiscal year beginning October 1, 1995.
For
14 each subsequent fiscal year, the The fees charged under this
15 section shall be established in accordance with the fee a
16 schedule set forth contained in that each fiscal year's
17 appropriations act for the department. of state police.
18 (5) The fees for projects submitted to the department and
19 in plan review prior to March 1, 1996 will be assessed at a rate
20 of 50%. Fees will not be charged for projects that have
21 received plan review approval before March 1, 1996.
22 Sec. 3b. (1) The state fire safety board is created in the
23
bureau and shall consist of 16
17 members who are residents of
24 this state. Of the 16 members:
25 (a) Three shall be representatives of organized fire
1 departments in the lower peninsula Lower Peninsula.
2 (b) One shall be a representative of organized fire
3 departments in the upper peninsula Upper Peninsula.
4 (c) One shall be a representative of hospital
5 administration.
6 (d) One shall be a registered professional engineer.
7 (e) One shall be a registered architect.
8 (f) One shall be a representative of the nursing home
9 industry.
10 (g) One shall be a school board member or a school
11 administrator.
12 (h) One shall be a representative of the building trades.
13 (i) One shall be a representative of persons who own a place
14 of public assemblage.
15 (j) One shall be a representative of the flammable liquids
16 industry.
17 (k) One shall be a representative of the liquefied petroleum
18 gas industry or the flammable compressed gases industry.
19 (l) One shall be a representative of the chemical
20 manufacturing industry.
21 (m) One shall be a licensed electrical contractor or master
22 electrician.
23 (n) One shall be a representative of persons who own adult
24 foster care facilities.
25 (o) One shall be the state fire marshal or an employee of
26 the bureau designated by the state fire marshal.
27 (2) Even if If the number of board members is reduced by
1 statute, each board member serving at the time of the reduction
2 may complete the balance of the board member's unexpired term.
3 Board members, other than the state fire marshal or the state
4 fire marshal's designee, shall be appointed by the governor with
5 the advice and consent of the senate. The members appointed by
6 the governor shall have the qualifications the governor considers
7 essential to enable them to competently pass upon decide
8 matters pertaining to of fire prevention and fire safety for
9 the establishments or facilities specified in section 3c(1).
10 (3) Each board member appointed by the governor shall be
11 appointed for a term of 3 years. Continued absence of a member
12 appointed by the governor from regular or special meetings of the
13 board renders makes the member subject to immediate removal by
14 the governor.
15 (4) A majority of the members appointed to and serving on
16 the board constitutes a quorum. Affirmative votes of at least a
17 majority of the members appointed to and serving on the board
18 shall be is
required to pass upon decide any question, action,
19 or business of the board, except that a hearing of a contested
20 case may be conducted in the presence of before
3 board members
21 who, after hearing the facts and considering the evidence and
22 testimony, shall recommend the action the board should take.
23 (5) Annually the board shall elect a 1 of the board
24
members to serve as chairperson. from
its members, and The
25 board shall hold at least 6 regular meetings a year. Special
26 meetings may be called by the chairperson , or upon written
27 request of 5 board members. Meetings shall be held at a location
1 designated by the chairperson.
2 (6) The business which of the board may perform
shall be
3 conducted at a public meeting of the board held in compliance
4
that complies with the open meetings
act, Act No. 267 of the
5 Public Acts of 1976, being sections 15.261 to 15.275 of the
6 Michigan Compiled Laws
1976 PA 267, MCL 15.261 to 15.275.
7 Public notice of the time, date, and place of the meeting shall
8 be given in the manner required by Act No. 267 of the Public Acts
9 of 1976.
10 (7) Each appointed member of the board shall receive per
11 diem compensation as the legislature prescribes, and shall be
12 entitled to actual and necessary expenses incurred in the
13 performance of duty his
or her duties as a member of the board.
14 The legislature shall appropriate sufficient money for the board
15 to conduct its business and discharge its responsibilities.
16 (8) The board shall keep minutes of its proceedings, showing
17 the vote of each member on each proposition or question, or
18 indicating if a member is absent or fails to vote. A record of
19 board action and business shall be made and maintained.
20 (9) Except as provided in subsections (10) and (11), a
21 writing prepared, owned, or used, which is in the
possession
22 of, or retained by the board, the department, its their
agents,
23 or others in the performance of an official function shall be
24 made available to the public in compliance with under
this act
25
is subject to the freedom of
information act, Act No. 442 of the
26 Public Acts of 1976, being sections 15.231 to 15.246 of the
27 Michigan Compiled Laws
1976 PA 442, MCL 15.231 to 15.246.
1 (10) A person regulated under this act may designate a
2 report or other information furnished to or obtained by the
3 department, its agents, or others under this act as being only
4 for the confidential use of by the
department, its agents, or
5 others in the performance of an official function. If the
6 department, its agents, or others receive a request for a public
7 record under section 5 of Act
No. 442 of the Public Acts of
8 1976, being section 15.235 of the Michigan Compiled Laws, which
9 the freedom of information act, 1976 PA 442, MCL 15.235, for a
10 public record that includes either information designated as
11 confidential or information obtained under section 4, of
this
12 act, the department, its
agents, or others shall notify the
13 regulated person regulated under this act. The person regulated
14 under this act shall have has 30 days after the receipt
of
15 the notice to demonstrate to the department, its agents, or
16 others, that either the information designated as confidential
17 or information obtained under section 4 of this act,
18 constitutes a trade secret or confidential business information
19 which that,
if disclosed, may cause a competitive disadvantage.
20 The department, its agents, or others shall grant the request for
21 the information unless the person regulated under this act has
22 made makes
a satisfactory demonstration to the department, its
23 agents, or others that
disclosure of the information , if
24 disclosed, may cause a
competitive disadvantage. If a dispute
25 occurs between the person regulated under this act and the person
26 requesting the information, under Act No. 442 of the Public Acts
27 of 1976, the fire
safety board shall make a final decision to
1 grant or deny the request.
2 (11) Nothing in this This act shall be
construed to
3 either does not
prevent the use of records a
record or
4 information by the department in compiling or publishing to
5
compile or publish reports, analyses, or
summaries relating to
6
of general conditions for the
prevention of fire, or the use of
7 any a
record or other information for the purposes of
8 administration or enforcement of any to administer or enforce
9 federal, state, or local fire prevention laws. However, a report,
10 analysis, summary, or use shall not directly or indirectly
11 publicly reveal information otherwise confidential under this
12 section.
13 (12) The board may maintain an office, hire employees,
14 either full or part time as necessary, and purchase, rent, or
15 lease equipment and supplies considered essential to the proper
16 discharge of its responsibilities.
17 Sec. 3c. (1) The board bureau
shall promulgate rules as
18 provided under section 2a pertaining to fire safety requirements
19 for the construction, operation, or maintenance of all of the
20 following:
21 (a) Schools and dormitories, including state supported
22 schools, colleges, and universities and school, college, and
23 university dormitories.
24 (b) Buildings for which the state is the lessee or which
25 are owned by the state owned or leased by this state.
26 (c) A health facility or agency as defined in section 20106
27 of the public health code, Act No. 368 of the Public Acts of
1 1978, being section 333.20106 of the Michigan Compiled Laws 1978
2 PA 368, MCL 333.20106.
3 (d) Places of public assemblage.
4 (e) Penal facilities as described in section 62 of Act No.
5 232 of the Public Acts of 1953, being section 791.262 of the
6 Michigan Compiled Laws
the corrections code of 1953, 1953 PA
7 232, MCL 791.262.
8 (f) Dry cleaning establishments using flammable liquids.
9 (f) (g) Mental facilities as described in section 135 of
10 the mental health code, Act No. 258 of the Public Acts of 1974,
11 being section 330.1135 of the Michigan Compiled Laws 1974
PA
12 258, MCL 330.1135.
13 (2) The board shall promulgate rules for the storage,
14 transportation, and handling of liquefied petroleum gas and for
15 the storage, noncommercial transportation, and handling of other
16 hazardous materials and for the implementation of this act.
17 (2) The bureau shall promulgate other rules as provided in
18 section 2a as necessary to implement this act.
19 (3) Consistent with Executive Reorganization Order No. 1997-
20 2, MCL 29.451, the department of environmental quality shall
21 promulgate rules pertaining to all of the following:
22 (a) Fire safety requirements for the construction,
23 operation, and maintenance of dry cleaning establishments that
24 use flammable liquids.
25 (b) The storage, transportation, and handling of liquefied
26 petroleum gas and for the storage, noncommercial transportation,
27 and handling of other hazardous materials.
1 (4) (3) Rules promulgated pursuant to under
this act
2 shall be consistent with recognized good practice as evidenced by
3 standards adopted by nationally recognized authorities in the
4 field of fire protection. Experiences identified in the
5 department's fire incidents fire incident reports received by
6
this state may be considered by the
board as a qualified basis
7 for review of and the bureau when reviewing rules promulgated
8 and or considering promulgation of new rules pursuant to under
9 this act.
10 (5) (4) The state fire safety board, pursuant to the
11 administrative procedures act of 1969, Act No. 306 of the Public
12 Acts of 1969, being sections 24.201 to 24.328 of the Michigan
13 Compiled Laws, shall submit the initial rules to the joint
14 committee on administrative rules not later than October 28, 1982
15 The bureau shall promulgate rules as provided under section 2a
16 for the certification of a firm which that
does any of the
17 following:
18 (a) Installs, modifies, or documents the installation or
19 modification of a required fire suppression system.
20 (b) Documents the installation or modification of a
21 required fire alarm
system.
22 (c) Performs testing, servicing, inspections, or maintenance
23 which that
has not been exempted by the rules promulgated by the
24 board bureau on required fire alarm systems or required
fire
25 suppression systems.
26 (d) Submits a drawing, print, or sketch of a required
27
plan, or specification of a fire alarm
system or required fire
1 suppression system to the state fire marshal director
for
2 approval pursuant to under section 29, except an architect or
3 professional engineer licensed under article 20 of the
4 occupational code, Act No. 299 of the Public Acts of 1980, being
5 sections 339.2001 to 339.2014 of the Michigan Compiled Laws 1980
6 PA 299, MCL 339.2001 to 339.2014.
7 (5) The state fire marshal shall not be required to consider
8 fire safety rules other than those provided for in this act and
9 in Act No. 306 of the Public Acts of 1937, being sections 388.851
10 to 388.855a of the Michigan Compiled Laws.
11 (6) A person may request a variation of the application of a
12 rule promulgated pursuant to under this act by applying
to the
13 state fire marshal. The state fire marshal may make a variation
14 upon a finding that the variation does not result in a hazard to
15 life or property. The finding shall be transmitted to the person
16 requesting the variation and shall be entered into the records
17 of the department bureau. If the variation
requested concerns a
18 building, the finding shall also be transmitted to the governing
19 body of the city, village, or township in which the building is
20 located.
21 (7) The entire board, except as provided in section 3b(4),
22 shall act as a hearing body in accordance with Act No. 306 of
23 the Public Acts of 1969 the administrative procedures act of
24
1969, 1969 PA 306, MCL 24.201 to 24.328,
to review and render
25 decisions on decide
a contested case , a rule specified in this
26 act, or a ruling of the
state fire marshal in the marshal's
27 interpretation or application of interpreting or applying the
1 rules. After a hearing, the board may vary the application of a
2 rule or may modify the ruling or interpretation of the state fire
3 marshal if the enforcement of the ruling or interpretation would
4 do manifest injustice and would be contrary to the spirit and
5 purpose of the rules or the public interest.
6 (8) A decision of the board to vary the application of a
7 rule, or to modify or change a ruling of the state fire marshal,
8 shall specify in what manner the variation, modification, or
9 change is made, the conditions upon which it is made, and the
10 reasons for the variation, modification, or change.
11 (9) If a local school board has passed a resolution
12 calling for an election on the question of the issuance of bonds
13 for the construction , remodeling, or remodeling of or an
14 addition to a school, which if the election was held not
later
15 than September 28, 1989 , which and approved issuance of the
16 bonds, and which if construction was
reasonably anticipated to
17 have begun begin
not later than June 30, 1990, then the
18 construction, remodeling, or addition to that school is was
19 exempt from the rules promulgated by the fire safety board
20 entitled "schools, colleges, and universities", being former
R
21 29.301 to R 29.321 of the Michigan administrative code, that
22 were filed with the Secretary
of State secretary of state on
23 July 14, 1989
and became effective on July
29, 1989. The
24 construction, remodeling, or addition to that school is was,
25 however, subject to the standards contained in rules promulgated
26 by the fire safety board entitled "school fire
safety", being
27 the former R 29.1 to R
29.298 of the Michigan administrative
1 code. This subsection does not prevent the construction,
2 remodeling, or addition of a school from complying with R 29.301
3 to R 29.321 of the Michigan administrative code.
4 Sec. 3e. (1) The board bureau
shall promulgate rules as
5 provided under section 2a pertaining to uniform fire safety
6 requirements for the operation and maintenance, but not the
7 construction, of commercial buildings, industrial buildings, and
8 residential buildings, excluding 1- and 2-family dwellings and
9 mobile homes.
10 (2) The state fire marshal shall consult with the board with
11 respect to developing rules for the delegation of authority to
12 firefighters and fire chiefs.
13 Sec. 4. (1) The chief of each organized fire department, or
14 the clerk of each city, village, or township not
having that
15 does not have an organized fire department, immediately after the
16 occurrence of fire within the official's jurisdiction resulting
17 in loss of life or property, shall make and file with the state
18 fire marshal bureau a complete fire incident report of the fire.
19 The report shall be made on and according to forms supplied by
20 the state fire marshal bureau.
21 (2) Each fire insurance company authorized to do business in
22 this state on request shall promptly furnish to the state
fire
23 marshal bureau information in the company's possession
24 concerning a fire occurring in this state. The report shall be in
25 addition to and not in place of any other report required by law
26 to be made by the company to other state agencies.
27 (3) A fire and casualty insurance company may contact
1 directly the state fire marshal bureau or
the chief of an
2 organized fire department to report fires where if the
company
3 suspects arson.
4 (4) The state fire marshal, the chief of an organized fire
5 department, a fire fighter firefighter or an employee
of an
6 organized fire department acting under the authority of the chief
7 of the organized fire department, a peace officer, or any other
8 fire prevention or fire department official designated by the
9 state fire marshal may request in writing on a form prescribed
10 and furnished by the state fire marshal that an insurance company
11 or authorized agent of an insurance company investigating a fire
12 loss of real or personal property release all information in
13 possession of the company or an agent of the company relative to
14 that loss. The company or agent shall release the information to
15 and cooperate with , each official authorized to request the
16 information under this subsection. The information to be provided
17 shall include each all
of the following:
18 (a) Each insurance policy relevant to a fire loss under
19 investigation and each application for the policy.
20 (b) The policy premium payment records of a policy described
21 in subdivision (a).
22 (c) A history of previous claims made by the insured for
23 fire loss.
24 (d) Material relating to the investigation of the loss,
25 including statements of any person, proof of loss, and other
26 relevant evidence.
27 (5) If an insurance company has reason to suspect that a
1 fire loss to the real or personal property of a policyholder of
2 the company was cause caused
by incendiary means, the company
3 shall notify the state fire marshal bureau and
shall furnish
4 the state fire marshal bureau with
all relevant material
5 acquired during its investigation of the fire loss.
6 (6) In the absence of fraud or malice, an insurance company
7 or a person who furnishes information on behalf of an insurance
8 company shall is
not be liable
for damages in a civil action
9 or be subject to criminal prosecution for an oral or
written
10 statement made or other action taken which that is
necessary to
11 supply the information required
pursuant to under this
section.
12 (7) Officials and other persons receiving information
13 furnished pursuant to subsection (4) shall hold the information
14 in confidence until release of the information is required in the
15 course of or pursuant to a criminal or civil proceeding. A person
16 prescribed described
in subsection (4) may be required to
17 testify as to information in his or her possession regarding a
18 fire loss of real or personal property in any civil action or
19 administrative hearing held
pursuant to Act No. 218 of the
20 Public Acts of 1956, as amended, being sections 500.100 to
21 500.8302 of the Michigan Compiled Laws under the insurance code
22 of 1956, 1956 PA 218, MCL 500.100 to 500.8302, in which a person
23 seeks recovery under a policy against an insurance company for
24 the fire loss or files a complaint with the commissioner of the
25 office of financial and insurance services relative to the
26 refusal of an insurance company to pay under a policy for a fire
27 loss sustained by the person.
1 (8) As used in this section, "insurance company" means an
2 insurer authorized to transact property, fire, or casualty
3 insurance in this state and an agent of the insurer, and includes
4 an insurance association, pool, or facility created and operating
5 pursuant to Act No. 218 of the Public Acts of 1956, as amended
6 under the insurance code of 1956, 1956 PA 218, MCL 500.100 to
7 500.8302.
8 Sec. 5a. (1) The state fire marshal motor carrier division
9 of the department of state police, the chief of an organized fire
10 department or police department, a peace officer, or a fire
11 fighter firefighter in uniform
, which fire fighter is acting
12 under the orders and directions of the local fire chief ,
may
13 inspect a vehicle transporting a hazardous material. Except
as
14 otherwise provided in Subject
to subsection (3), if upon
15 inspection a vehicle is found to be in violation of the rules
16 with respect to safety equipment, the state fire marshal motor
17
carrier division or the inspecting
chief, fire fighter
18 firefighter, or peace officer shall attach to the vehicle a
19 notice identifying the vehicle and stating that it is condemned
20 against further use in the transportation of hazardous material,
21 and listing the violations found. If the vehicle is en route to a
22 destination where its load is to be delivered, the state
fire
23 marshal motor
carrier division, chief, fire
fighter
24 firefighter, or peace officer, except as otherwise provided in
25 this act, shall allow the vehicle to proceed to make deliveries
26 after which the vehicle shall be returned to its base or
27 customary place of maintenance and repair or taken to a suitable
1 place for repair. If, upon inspection, a vehicle while en route
2 to a delivery destination is found to be in a condition such
3 that makes it likely that further operation under normal road and
4 traffic conditions is likely to will result in spillage of
5 hazardous material, the state fire marshal motor carrier
6
division, chief, fire
fighter firefighter, or peace officer
7 shall cause have
the vehicle to
be impounded. The vehicle
8 shall be impounded at a suitable place where the hazardous
9 material being transported can be unloaded with reasonable
10 safety, and until the unloading is accomplished and arrangements
11 are made to return the vehicle with reasonable safety to its base
12 or customary place of maintenance and repair, or to move the
13 vehicle to a suitable place of repair. If, upon inspection, the
14 braking, lighting, steering, coupling, sounding, or other devices
15 on a vehicle are found to be in a condition such that the vehicle
16 cannot be operated by a prudent operator without undue risk of
17 accident, the state fire marshal motor carrier division, chief,
18 fire fighter firefighter, or peace officer shall cause
have
19 the vehicle to be impounded at a suitable place until the
20 necessary repairs are made.
21 (2) Except as provided
for in
this act, a vehicle
22 condemned pursuant to under this act shall not again
be used
23 in transporting hazardous material until released as
provided
24 for in under this section. Upon being returned to its base or
25 customary place of maintenance and repair, or to a suitable place
26 of repair, the condemned vehicle may be impounded there upon
27 order of the state fire marshal motor carrier division of the
1 department of state police until the conditions for which the
2 condemnation was issued have been corrected. However, the state
3 fire marshal motor
carrier division may authorize the
temporary
4 release of the condemned vehicle for a reasonable time as
may be
5 needed to procure parts or appurtenances necessary for
6 correction of to
correct the conditions for which condemnation
7 was issued the
vehicle was condemned. Upon correction
of the
8 conditions, the state fire marshal motor carrier division,
9 chief of an organized fire department or police department, a
10 peace officer, or a fire fighter firefighter in uniform ,
11 which fire fighter is acting under a chief's direction, shall be
12 notified and shall reinspect the vehicle. The state
fire marshal
13
motor carrier division, chief, peace
officer, or fire fighter
14
firefighter shall release the vehicle ,
if upon reinspection ,
15 the vehicle is found to be in compliance with this act and the
16 rules promulgated pursuant to under this act, and if reasonable
17 impounding expenses have been paid by the owner of the vehicle. A
18 person inspecting a vehicle
pursuant to under this
act shall
19 notify the state fire marshal motor carrier division under
20 rules promulgated under this act, of the circumstances and
21 conditions of each violation, condemnation, impounding, and
22 release.
23 (3) Notwithstanding subsections (1) and (2), an official
24 named in subsection (1) inspecting a commercial motor vehicle
25 under the authority of this section shall affix attach notices,
26 and place vehicles and drivers out of service, only as provided
27 under the motor carrier safety act , Act No. 181 of the
Public
1 Acts of 1963, being sections 480.11 to 480.21 of the Michigan
2 Compiled Laws of
1963, 1963 PA 181, MCL 480.11 to 480.25,
and as
3 provided under the out of service criteria issued under the
4 authority of the commercial vehicle safety alliance. As used in
5 this subsection, "commercial motor vehicle" means that term as
6 defined in Act No. 181 of the Public Acts of 1963 the motor
7 carrier safety act of 1963, 1963 PA 181, MCL 480.11 to 480.25.
8 Sec. 5d. (1) The certificates specified in section 5c shall
9 be issued every 3 years by the
state fire marshal department of
10
environmental quality after the state
fire marshal department
11 of environmental quality determines by an inspection that the
12 firm location is in satisfactory compliance with this act. The
13 board department of
environmental quality may authorize a
firm
14 specified in section 5c to conduct inspections required in this
15 section after application to the state fire marshal department
16 of environmental quality and payment of an annual fee of
17 $1,000.00. Upon annual determination by the state
fire marshal
18 department of environmental quality that the firm is in
19 satisfactory compliance with this act, the state
fire marshal
20
department of environmental quality may recommend
to the board
21 that grant the authorization. be given. This
authorization may
22 be revoked by the board department
of environmental quality for
23 cause. Firms authorized to conduct inspections required in this
24 section shall be exempt from the fees provided in subsection (2).
25 The state fire marshal department of environmental quality may
26 review procedures utilized by the firm to assure compliance with
27 this act.
1 (2) Each firm required to be certified under section 5c
2 shall submit an installation application to the state
fire
3 marshal department
of environmental quality according to
rules
4 promulgated under this act. Each firm shall pay a fee of $203.00
5 per tank. This fee shall be submitted with the installation
6 application to the state fire marshal department of
7
environmental quality. The state
fire marshal department of
8 environmental quality shall not approve an installation
9 application unless this fee has been paid as required in this
10 subsection. Payment of this fee shall waive the first annual
11 storage tank fee required in this subsection. The owner of a firm
12 specified in section 5c shall pay an annual fee of $61.50 for
13 each tank located at each storage or filling location specified
14 in section 5c. Fees required by this subsection shall be paid
15 before the issuance of a certificate when storage tanks operated
16 by firms described in section 5c are used and until such tanks
17 are closed or removed, and notification of the closure or removal
18 is received by the state fire marshal department of
19 environmental quality. Owners of firms described in section 5c
20 shall notify the state fire marshal department of environmental
21 quality of the closure or removal of storage tanks within 30 days
22 after closure or removal on a form provided by the state
fire
23 marshal department
of environmental quality. Storage tanks
that
24 receive crude petroleum directly from a wellhead are exempt from
25 fees under this section.
26 (3) Beginning October 1, 1990, a local unit of government
27 shall not enact or enforce a provision of an ordinance that
1 requires a permit, license, approval, inspection, or the payment
2 of a fee or tax for the installation, use, closure, or removal of
3 an aboveground storage tank system.
4 (4) The fees specified in subsection (2) shall be collected
5 and deposited into the hazardous materials storage tank
6 regulatory enforcement fund created in subsection (5).
7 (5) The hazardous materials storage tank regulatory
8 enforcement fund is created in the state treasury. The fund may
9 receive money as provided in this act and as otherwise provided
10 by law. The state treasurer shall direct the investment of the
11 fund. Interest and earnings of the fund shall be credited to the
12 fund. Money in the fund at the close of the fiscal year shall
13 remain in the fund and shall not revert to the general fund.
14 Money in the fund shall be used only by the department of
15 environmental quality to enforce this act and the rules
16 promulgated under this act pertaining to the delivery,
17 dispensing, noncommercial transportation, or storage of hazardous
18 materials. If at the close of any fiscal year the amount of money
19 in the fund exceeds $1,000,000.00, the department of
20 environmental quality shall not collect a fee for the following
21 year for the fund from existing storage tank systems. After the
22 fee has been suspended under this subsection, it shall only be
23 reinstated if at the close of any succeeding fiscal year, the
24 amount of money in the fund is less than $250,000.00. The
25 department of treasury shall, before November 1 of each year,
26 notify the department of environmental quality of the balance in
27 the fund at the close of the preceding fiscal year.
1 Sec. 5g. Immediately following a fire, explosion, spill,
2 leak, accident, or related occurrence which that involves
the
3 transportation, storage, handling, sale, use, or processing of
4 hazardous material by a firm, person, or vehicle, the owner of
5 the firm or vehicle or the person and the chief of the first
6 police department or organized fire department upon the scene of
7 the incident shall notify the
state fire marshal bureau and
the
8 organized fire department of the area in which the incident
9 occurred of the known details regarding the incident.
10 Sec. 5h. After notification is made pursuant to section 5g,
11 the state fire marshal bureau shall
do the following:
12 (a) Determine, with the organized fire department of the
13 area in which the incident occurred, the emergency measures to be
14 taken.
15 (b) Notify responsible federal, state, and local authorities
16 and agencies . However and, if the state
fire marshal bureau
17 is notified of an incident outlined in section 5g by a
person
18 other than the owner of the firm or vehicle involved, the
state
19 fire marshal shall also notify the owner of the firm or vehicle
20 involved.
21 (c) Cause an investigation to be made to determine the cause
22 of the incident and to determine what related factors contributed
23 to the cause of the incident and to the any loss to
of life
24 or property.
25 (d) Cause a report to be filed containing its findings
26 related to the incident. A record of those reports shall be
27 maintained by the state fire marshal bureau.
1 Sec. 5i. (1) Each location of a firm operating in this state
2 which is engaged in a dry cleaning operation, using a flammable
3 liquid, shall not be established or maintained without obtaining
4 a certificate from the state fire marshal.
5 (2) A certificate shall not be issued until payment is made
6 of a fee of $15.00 for the first dry cleaning machine in the
7 firm's location and $6.00 for each additional dry cleaning
8 machine in the firm's location. Beginning October 1, 1981, these
9 fees shall be adjusted each year pursuant to the annual average
10 percentage increase or decrease in the Detroit consumer price
11 index--all items. The adjustment shall be made by multiplying the
12 annual average percentage increase or decrease in the Detroit
13 consumer price index for the prior calendar year by the current
14 fee as adjusted by this subsection. The resultant product shall
15 be added to the current fee as adjusted by this subsection and
16 then rounded off to the nearest half dollar which shall be the
17 new fee.
18 (3) This section shall not take effect until 1 year
after
19 the effective date of section 2b. This section applies when a
20 class IV installation is operated in the same building or
21 establishment as other classes of dry cleaning installations.
22 (4) As used in this section, "class IV installation" means
23 that term as defined in section 13301 of the public health code,
24 1978 PA 368, MCL 333.13301.
25 Sec. 5p. (1) A person who is also an employer under the
26 Michigan occupational safety
and health act, Act No. 154 of the
27 Public Acts of 1974, being sections 408.1001 to 408.1094 of the
1 Michigan Compiled Laws
1974 PA 154, MCL 408.1001 to 408.1094,
2 shall provide the information described in this section upon
3 written request by the
fire chief of the organized fire
4 department for the
jurisdiction in which where the person is
5 located.
6 (2) A person subject to this section shall, subject to
7
subsection (1), provide a copy of the
a list required to be
8 developed by the standard incorporated by reference in section
9 14a of the Michigan occupational safety and health act, 1974 PA
10 154, MCL 408.1014a, and a material safety data sheet for each
11 hazardous chemical identified on the list within 10 working days
12 after receipt of the request.
13 (3) Except as otherwise provided in subsection (4), a
14 person subject to this section shall provide a description of the
15 quantity and location of any hazardous chemical specified by the
16
fire chief of the organized fire
department for the
17 jurisdiction where the person is located within 10 working days
18 after the receipt of a written request made by the fire
chief
19 after review of the lists a list provided under
subsection (2).
20 Upon request, the fire chief of the organized fire department
21 may extend the period for providing time to provide the
22 information described in this subsection by an additional 5
23 working days. The information obtained by a fire
chief of an
24 organized fire department under
this subsection may be made
25 available to a public official, agency, or employee, but is
26 exempt from disclosure under the freedom of information act, Act
27 No. 442 of the Public Acts of 1976, being sections 15.231 to
1 15.246 of the Michigan Compiled Laws 1976 PA 442, MCL 15.231
to
2 15.246.
3 (4) The state fire marshal bureau
may promulgate rules as
4 provided under section 2a to exempt from the application of
5 subsection (3) de minimis and portable quantities of hazardous
6 chemicals. A rule authorized by this subsection shall be
7 promulgated pursuant to the administrative procedures act of
8 1969, Act No. 306 of the Public Acts of 1969, being sections
9 24.201 to 24.328 of the Michigan Compiled Laws.
10 (5) A person subject to this section shall provide to the
11
fire chief of the organized fire
department for the
12
jurisdiction where the person is located
a written update of the
13 information required by this section when there is a significant
14 change relating to fire hazards in the quantity, location, or
15 presence of hazardous chemicals in the person's workplace.
16 (6) An ordinance, law, rule, regulation, policy, or practice
17 of a city, township, village, county, governmental authority
18 created by statute, or other political subdivision of the state
19 shall not require that a person who is also an employer under
20 the Michigan occupational safety and health act, 1974 PA 154, MCL
21
408.1001 to 408.1094, provide to a fire
chief of an organized
22 fire department information
regarding hazardous chemicals in the
23 workplace in any other manner or to any greater extent than is
24 required by this section or rules authorized by this section.
25 Sec. 10. Service of
the an order
of the state fire marshal
26 provided for in under
section 9, or of any other order made
by
27 the state fire marshal
pursuant to under this
act, may be made
1 in 1 or more of the following manner ways:
2 (a) By personally delivering a copy of the order to the
3 person or persons to whom it is directed within this state.
4 (b) By delivering a copy of the order by registered mail,
5 addressed to the last known post-office address of the addressee,
6 and deliverable to the addressee only, with return receipt
7 demanded, which service by registered mail shall be considered
8 requested. Service under this subdivision is personal and not
9 substituted service.
10 (c) If a person to whom the order is directed cannot be
11 found, or does not have a known post-office address, or
is not
12 a resident of this state,
then service of the order may be
made
13 by publication in a newspaper published or circulating in the
14 county in which the property or premises described in the order
15 is situated, once in each week for 3 successive weeks, the last
16 publication to be made at least 10 days before the date of
17 performance specified in the order.
18 Sec. 16. (1) The refusal or failure of a defendant to comply
19 with the terms of an order or direction of
the court in the
20 premises issued
under section 13, within the time
limited for
21 compliance, shall be considered is contempt
of court for which
22 the respondent may be cited ordered
to appear and answer in the
23 same manner as in other cases of contempt of court. Upon the
24 refusal or failure, the court may order the state fire marshal to
25 execute the order and directions and abate the fire hazard and,
26 for the purpose of executing the order and directions, to enter
27 upon the premises and employ
, or
contract for , labor,
1 tools, implements, or other assistance as is necessary for the
2 performance of the work. The amount of the cost and expense of
3 executing the order shall be is a lien upon the lands
land
4 and premises enforceable and collectible in the same manner as
5 provided by law in the case of mechanics' liens a construction
6 lien under the construction lien act, 1980 PA 497, MCL 570.1101
7 to 570.1305.
8 (2) Salvage of materials made in the abatement of the fire
9 hazard may be used by the
state fire marshal for defraying
10 bureau to defray the cost and expense of executing the order or
11 directions of the court to the extent of the cost and expense and
12 the discharge of the lien. A surplus over and above the cost and
13 expense shall belong belongs to the owner of the
premises.
14 Sec. 21b. Notwithstanding the provisions of section 21a,
a
15 liquefied compressed gas extinguishing agents meeting agent
16 that meets both of the following conditions of toxicity and use
17 may be used in properly engineered fire extinguishing or fire
18 control systems:
19 (a) The agent in its normal state does not fall within the
20 definition of subsection (1) of is not a prohibited
agent or
21
propellant under section 21a 21a(1).
22 (b) The compound agent is used only under
conditions
23 approved by the national fire protection association and a
24 nationally recognized independent testing laboratory that has
25 considered the hazard of the thermal decomposition products and
26 use approved by the state fire marshal bureau.
27 Sec. 21c. (1) The state fire marshal bureau
or, upon
1 written request of the governing body of a city, village,
2 township, or county and the approval of the state fire marshal,
3 the bureau, a fire chief, of an organized fire department or a
4 fire fighter firefighter
in uniform acting under the orders and
5 directions of a local fire chief , shall at least
annually
6 inspect each place of public assemblage to determine whether it
7 is being maintained in compliance with this act.
8 (2) A place of public assemblage shall not be established or
9 operated without obtaining a certificate from the state fire
10 marshal bureau
indicating its maximum capacity and that it is in
11 compliance with this act.
12 Sec. 21d. (1) The certificate required in section 21c(2)
13 shall be issued annually by the state fire marshal bureau
and
14 shall be displayed in a conspicuous location in the place of
15 public assemblage.
16 (2) If the a place of public assemblage is not being
17 maintained in compliance with this act, its certificate may be
18 revoked or denied and it may be ordered the bureau
may revoke or
19 deny the certificate required by section 21c(2) and may order the
20 place of public assemblage to cease operation until it is in
21 compliance.
22 (3) For 1 year after the effective date of this section,
23 the state fire marshal may issue a provisional certificate for
24 not more than 6 months to allow the place of public assemblage to
25 be brought into compliance with this act.
26 Sec. 23. The existence of a fire hazard, of any nature,
27 origin, or cause, is declared to be a
nuisance and the nuisance
1 may be abated, removed, corrected, and its continuance enjoined
2 in the manner provided by law for the abatement of nuisances. If
3 the state
fire marshal considers determines that a fire
hazard
4 to be is imminently dangerous or menacing to human life so
that
5 and the public safety requires its immediate abatement, removal,
6 correction, or discontinuance, the state fire marshal may bring,
7 or cause to be brought, in the circuit court of the county in
8 which the fire hazard is located, an action for
the purpose of
9 abating, removing, correcting, or discontinuing to abate,
10 remove, correct, or discontinue the fire hazard. Sections 3801 to
11 3840 of Act No. 236 of the Public Acts of 1961, being
sections
12 600.3801 to 600.3840 of the Michigan Compiled Laws, shall be
13 applicable to the procedure in the revised judicature act of
14 1961, 1961 PA 236, MCL 600.3801 to 600.3840, apply to the action.
15 The court, in addition to the powers conferred by that act, may
16 make any order or decree as considered it determines is
17 necessary or expedient to ensure the safety and security of human
18 life, and may direct that a building described in the bill
of
19 complaint be razed and removed and all rubbish and debris
20 removed, or that the building be repaired and in what manner and
21 to what extent. The court
, in the order or decree, may
direct
22 and command may
order the removal of occupancies of a
building
23 , and the discontinuance of any use of the building
24 constituting that
constitute a fire hazard or menace to
human
25 life, and may direct and command order the
clearing and
26 improvement of premises as defined in this act and described
in
27 the bill of complaint. It
may grant the issuance of a writ of
1 The court may issue an injunction restraining the defendant from
2 continuing the existence of a fire hazard, and in the writ may
3 include specific directions
as to what shall be done by to the
4 defendant, in the premises, and may retain jurisdiction of
the
5 cause for the time it shall determine to
compel complete
6 performance of the terms and conditions of an order, decree,
7 writ, or other determination of the court. in the premises. The
8 court may direct that the abatement of the fire hazard be done by
9 the department under the
court's instructions, as
the court may
10 specify, and with provision for defraying the cost and expense
11 of the abatement as the court
considers determines equitable
12 and authorized by this act. A continuance of a hearing of
the
13 cause under this act
shall not be granted except upon a
clear
14 showing of unavoidable circumstances. Jurisdiction of the court
15 under this act shall does
not depend upon the amount of money,
16 or value of property, involved.
17 Sec. 24. The state fire marshal shall include in the state
18 fire marshal's bureau's
annual report to the governor as
19 required by law, a detailed account of the state
fire marshal's
20 bureau's administration of this act and of the receipts and
21 disbursements made under this act, together with recommendations
22 with reference to for
changes in this act as the state fire
23 marshal considers expedient.
24 Sec. 26. (1) Except as provided in section 27 and
25 subsection (3), a firm located or operating in this state, unless
26 certified under this section, shall not do any of the following:
27 (a) Install, modify, or document the installation or
1 modification of a required fire suppression system.
2 (b) Document the installation or modification of a required
3 fire alarm system.
4 (c) Perform a test, service, inspection, or item of
5 maintenance which that has not been exempted by the rules
6 promulgated by the state fire safety board bureau on
a
7 required fire alarm system
or required fire suppression
8 system.
9 (d) Submit a drawing, print, or sketch of a required plan,
10
or specification of a fire alarm system
or required fire
11 suppression system to the
state fire marshal bureau for
12 approval pursuant to under section 29.
13 (2) The state fire marshal bureau shall
certify a firm
14 which that
submits a drawing, print, or sketch of a required
15
plan, or specification of a fire alarm
system or a required
16 fire suppression system , or which that
installs, modifies,
17 tests, services, inspects, maintains, or documents the
18 installation or modification of a required fire alarm system
or
19 a required fire suppression system if the firm does both of
the
20 following:
21 (a) Meets the requirements established by rules promulgated
22 under section 3c.
23 (b) Pays a fee of $150.00 to the state fire marshal
24 bureau.
25 (3) Subsections (1)(d) and (2) shall do not
apply to an
26 architect or professional engineer licensed under article 20 of
27 Act No. 299 of the Public Acts of 1980, as amended, being
1 sections 339.2001 to 339.2014 of the Michigan Compiled Laws the
2 occupational code, 1980 PA 299, MCL 339.2001 to 339.2014.
3 Sec. 28. (1) Each location of a A firm
certified under
4 section 26 or 27 shall display the certificate issued by the
5 state fire marshal bureau
or a duplicate of that certificate at
6 each location where the firm conducts business.
7 (2) Each A firm certified under section 26 or 27 shall
8 maintain a record of the installation, testing, service,
9 inspection, maintenance, modification, and documentation of each
10 required fire alarm system
or required fire suppression system
11 the firm installed, tested, modified, inspected, serviced,
12 maintained, or documented, pursuant to the rules promulgated by
13 the fire safety board bureau. A copy of that the
record shall
14 be kept in the building or other location acceptable to the
15 state fire marshal bureau
in which the system has been
16 installed. The owner, operator, or a designated representative of
17 the owner or operator of the building shall make the record
18 available for inspection by the
state fire marshal bureau
19 during normal business hours.
20 (3) Except as provided in section 27, a A firm
required to
21 be certified under section 26 shall secure recertification every
22 3 years and shall pay a fee of $150.00 for the
recertification.
23 (4) The fees specified in this section and sections 26 ,
24 27, and 29 shall be paid
to the state fire marshal bureau for
25 implementation of sections 26 to 33.
26 Sec. 29. (1) Except as provided in subsection (7), before
27 the installation or modification of a required a
firm shall not
1
install or modify a fire alarm system
or required fire
2 suppression system, before the firm submits detailed plans and
3 specifications of the system shall be submitted for approval to
4 the state fire marshal bureau for approval.
5 (2) A firm which that installs or modifies a required
6 fire suppression system shall submit written documentation of the
7 installation or modification of the system and a fee of $40.00 to
8 the state fire marshal bureau.
9 (3) A firm which that documents the
installation or
10 modification of a required fire alarm system shall submit
11 written documentation of installation or modification of the
12 system and a fee of $40.00 to the state fire marshal bureau.
13 (4) The documentation required in by
this section shall be
14 on a form provided by the
state fire marshal bureau and
shall
15 state both of the following:
16 (a) That the system has been installed or modified pursuant
17 to the specifications of the manufacturer for each of the
18 components of the required fire alarm system or required fire
19 suppression system and in compliance with all applicable state
20 law.
21 (b) That the system has been tested and placed in proper
22 operating condition under the supervision of an architect or
23 professional engineer licensed under article 20 of Act No. 299
24 of the Public Acts of 1980, as amended, being sections 339.2001
25 to 339.2014 of the Michigan Compiled Laws the occupational code,
26 1980 PA 299, MCL 339.2001 to 339.2014, or by an employee of a
27 firm certified under section 26. or 27.
1 (5) The Fire
alarm system or fire suppression system
2 testing, servicing, inspection, or maintenance which that
is
3 not exempt under rules promulgated by the state fire safety
4 board of a required fire alarm system or required fire
5 suppression system bureau
shall be performed by a firm certified
6 under section 26. or 27. The testing, servicing, inspection,
or
7 maintenance of the required fire alarm system or required
8 fire suppression system shall be noted and displayed at the
9 location of the main control or other location acceptable to the
10 state fire marshal bureau
and shall be filed with the
owner,
11 operator, or a designated representative of the owner or operator
12 of the building in which the required fire alarm system or
13 required fire suppression
system is installed.
14 (6) A drawing which that depicts the completed
15 installation of the required fire alarm system or required
16 fire suppression system shall be available to the state
fire
17 marshal bureau or the fire safety inspector of the city,
18 village, or township in which the building is located for use
19 during an inspection of a required fire alarm system or
20 required fire suppression
system.
21 (7) A firm which that installs, modifies,
tests, services,
22 inspects, or maintains a required fire suppression system or a
23 required fire alarm system
on its own premises shall be
24 certified under section 26, or 27, but shall only
be required
25 to provide detailed plans and specifications or documentation of
26 the system only upon the request of the state fire marshal
27 pursuant to the if requested by the state fire marshal under
1 rules promulgated by the fire safety board bureau.
2 Sec. 30. (1) If a firm certified under section 26 or 27
3 discovers a required fire alarm system or required fire
4 suppression system which that the firm believes to
be was
5 installed, serviced, modified, tested, or maintained in a manner
6 which is in violation of
state law, the firm immediately shall
7 report the alleged violation to the state fire marshal bureau
8 on a form provided by the state fire marshal bureau
and to the
9 owner, operator, or a designated representative of the owner or
10 operator of the building in which the required fire alarm
11 system or required fire suppression system is installed.
12 (2) Upon notification
under subsection (1) that the
13 required a fire
alarm system or required fire suppression
14 system is installed, serviced, modified, tested, or maintained in
15 a manner which the that
a firm believes to be in violation of
16 state law, the owner, operator, or a designated representative of
17 the owner or operator of the building in which the required
18 fire alarm system or required fire suppression system is
19 installed shall provide the state fire marshal bureau
with a
20 written acknowledgment of the notice of the alleged violations
21 and the action taken by the owner, operator, or designated
22 representative of the owner or operator on a form provided by the
23 state fire marshal bureau.
24 Sec. 32. (1) The certification of a firm under section 26
25 or 27 may be suspended by
the state fire marshal bureau
26 pending a hearing by the state fire safety board as specified
27 in section 3c, if the firm documents the installation or
1 modification of a required fire alarm system or required fire
2 suppression system and the system does not comply with the
3 applicable state law or if the firm installs, tests, services,
4 inspects, or maintains a required fire alarm system or a
5 required fire suppression
system in a manner not in compliance
6 with applicable state law. After the hearing, the state fire
7 safety board may affirm,
reverse, or modify the state fire
8 marshal's decision of the bureau to suspend a firm's
9 certification or may revoke the firm's certification. A firm
10 whose certification is revoked under this section may be
11 recertified only after an additional hearing before the state
12 fire safety board.
13 (2) The state fire marshal bureau
shall not accept for
14 approval pursuant to under section 29(1) plans or
15 specifications submitted by an architect or professional engineer
16 who has failed to provide corrected plans and specifications
17 prior to before
the installation of a required fire alarm
18 system or required fire suppression system for which previous
19 plans and specifications have been disapproved. The state fire
20 marshal bureau
may resume accepting accept
for approval under
21
section 29(1) plans and specifications for
approval pursuant to
22 section 29(1) submitted
by that architect or engineer only
after
23 a hearing before the state fire safety board.
24 Enacting section 1. This amendatory act does not affect the
25 transfer of authority, powers, duties, functions, and
26 responsibilities under this act to the department of
27 environmental quality under Executive Reorganization Order No.
1 1997-2, MCL 29.451, or to the department of state police and the
2 director of the department of state police under Executive
3 Reorganization Order No. 2003-1, MCL 445.2011.
4 Enacting section 2. Sections 3d, 27, and 34 of the fire
5 prevention code, 1941 PA 207, MCL 29.3d, 29.27, and 29.34, are
6 repealed.
7 Enacting section 3. This amendatory act does not take effect
8 unless all of the following bills of the 93rd Legislature are
9 enacted into law:
10 (a) House Bill No. 5861.
11
12 (b) Senate Bill No. 1134.
13
14 (c) House Bill No. 5862.
15
16 (d) Senate Bill No. 1135.
17
18 (e) House Bill No.5862.
19
20 (f) Senate Bill No. 1136.
21
22 (g) House Bill No. 5864.
23
24 (h) Senate Bill No. 1137.
25
26 (i) House Bill No.5865.
27
1 (j) Senate Bill No. 1138.
2
3 (k) House Bill No. 5866.
4
5 (l) Senate Bill No. 1139.
6
7 (m) House Bill No. 5867.
8
9 (n) Senate Bill No. 1140.
10
11 (o House Bill No. 5868.
12
13 (p) Senate Bill No. 1141.
14
15 (q) House Bill No. 5869.
16
17 (r) Senate Bill No.1142.
18
19 (s) House Bill No. 5870.
20
21 (t) House Bill No. 5860.
22