August 13, 2008, Introduced by Reps. Brown, Espinoza, Alma Smith, Hopgood and Opsommer 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 section 8a (MCL 125.1508a), as added by 1999 PA 245.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8a. (1) This act and the code apply throughout the state.
(2) Within 10 days after the effective date of this
subsection, the director shall provide a notice of intent form to
all governmental subdivisions administering and enforcing a
nationally recognized model code other than the code established by
the commission under this act. This form shall set forth the date
return receipt is required, which date shall not be less than 60
days after receipt. The chief elected official of the governmental
subdivision that receives this notice shall indicate on the form
the intention of the governmental subdivision as to whether it
shall administer and enforce the code and transmit this notice to
the director within the prescribed period. If a governmental
subdivision fails to submit a notice of intent to administer and
enforce the code within the date set forth in the notice, the
director shall send a notice by registered mail to the clerk of
that governmental subdivision. The registered notice shall indicate
that the governmental subdivision has 15 additional days in which
to submit a notice of intent to administer and enforce the code. If
the governmental subdivision does not respond by the end of the 15
additional days, it shall be conclusively presumed that the
governmental subdivision does not intend to administer and enforce
the code, and the director shall assume the responsibility for
administering and enforcing this act and the code in that
governmental subdivision, unless the county within which that
governmental subdivision is located has submitted a notice of
intent to continue to administer and enforce this act and the code.
Governmental subdivisions may provide by agreement for joint
enforcement of the code.
(3) A governmental subdivision that has elected to assume
responsibility for the administration and enforcement of this act
and the code, and has submitted a notice of intent to continue to
administer and enforce the code to the director pursuant to section
8b,
after the effective date of this subsection December 28, 1999,
may reverse that election.
(4)
A governmental subdivision that, before the effective date
of
this subsection December 28,
1999, has elected to exempt itself
pursuant to section 8(1) may reverse that election, making itself
subject to the act and the code. However, that action shall not
take effect until 60 days after passage of an ordinance to that
effect. A structure commenced under an effective code shall be
completed under that code.
(5)
A governmental subdivision that, before the effective date
of
this subsection December 28,
1999, has not administered and
enforced either this act and the code or another nationally
recognized model code may elect to enforce this act and the code
pursuant to subsection (1) by the passage of an ordinance to that
effect. A governmental subdivision that makes this election after
the
effective date of this subsection December 28, 1999 shall
submit, in addition to the ordinance, an application to the
commission for approval to administer and enforce that code within
its jurisdiction. This application shall be made on the proper form
to be provided by the commission. The standards for approval shall
include, but not be limited to, the certification by the
governmental subdivision that the enforcing agency is qualified by
experience or training to administer and enforce the code and all
related acts and rules, that agency personnel are provided as
necessary, administrative services are provided, plan review
services are provided, and timely field inspection services shall
be provided. The director shall seek additional information if the
director considers it necessary. The commission shall render a
decision on the application for approval to administer and enforce
the code that has been adopted and transmit its findings to that
governmental subdivision within 90 days of receipt of the
application. The commission shall document its reasons if the
commission disapproves an application. A governmental subdivision
that receives a disapproval may resubmit its application for
approval. Upon receipt of approval from the commission for the
administration and enforcement of the code, the governmental
subdivision shall administer and enforce the code within its
jurisdiction pursuant to the provisions of its approved
application.
(6) The code or any of its sections shall take effect 6 months
after the code's initial promulgation. The 6-month delay does not
apply to rules promulgated to implement sections 13a, 13b, 13c, 19,
and 21 and the requirements of barrier free design and energy
conservation of this act and code. The 6-month delay does not apply
to amendments to the code or any of the code's sections after the
initial promulgation.
(7) The standards for premanufactured housing shall not be
less than the standards required for nonpremanufactured housing,
except that manufactured homes labeled pursuant to the national
manufactured housing construction and safety standards act of 1974,
title VI of the housing and community development act of 1974,
Public
Law 93-383, 42 U.S.C. USC 5401 to 5426, shall be considered
to have complied with this requirement.
(8) The commission may limit the application of a part of the
code to include or exclude the following:
(a) Specified classes or types of buildings or structures,
according to use, or other distinctions as may make differentiation
or separate classification or regulation necessary, proper, or
desirable. The commission shall consider the specific problems of
the construction or alteration of a single family, owner-occupied
recreational dwelling that is located in a sparsely populated area
and that is to be occupied on a part-time basis.
(b) Specified areas of the state based on size, population
density, special conditions prevailing in the area, or other
factors as may make differentiation or separate classification or
regulation necessary, proper, or desirable.
(9) A building or structure that has baby changing stations in
the women's restrooms shall have baby changing stations in the
men's restrooms.
(10) The code shall provide, where appropriate, for standards
involving location and construction of ratwalls that are not less
than
those standards in existence on the effective date of this
section
December 28, 1999.
(11) The electrical provisions of the Michigan residential
code do not apply to a dwelling utilized by a member or members of
a recognized religious sect if a code administrator grants an
exemption under the following circumstances:
(a) The permit applicant submits an application with the code
administrator stating the manner in which an electrical provision
of the Michigan residential code conflicts with the applicant's
religious beliefs. The application must also contain an affidavit
by the applicant stating that the permit applicant is a member of a
religious sect; that the religious sect has established tenets or
teachings that conflict with an electrical provision of the
Michigan residential code; and that the permit applicant adheres to
the established tenets or teachings of the sect.
(b) The dwelling will be used solely as a residence for the
permit applicant and the applicant's household.
(12) The code administrator shall grant the application for
the electrical exemption if submitted in compliance with subsection
(11).
(13) If the permit applicant receives an exemption for a
building under subsection (11) and the applicant subsequently sells
or leases the building, the applicant shall bring the building into
compliance with the electrical provision of the Michigan
residential code in existence in the year in which the building was
constructed before the sale or lease of the building unless the
prospective subsequent owner or lessee files an affidavit complying
with subsection (11)(a).