SENATE BILL No. 1328

 

 

May 12, 2010, Introduced by Senators PAPPAGEORGE, BASHAM, OLSHOVE, JACOBS, CHERRY, ANDERSON, ALLEN and HUNTER and referred to the Committee on Senior Citizens and Veterans Affairs.

 

 

 

     A bill to amend 1972 PA 230, entitled

 

"Stille-DeRossett-Hale single state construction code act,"

 

by amending section 4 (MCL 125.1504), as amended by 2004 PA 584.

 

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. The director may promulgate rules to

 

establish an "elderly friendly" designation regarding the

 

construction and renovation of residential buildings. The rules may

 

adopt all or part of any design standards developed by a private or

 

public entity, shall provide for the use of the designation by

 

certain persons, and shall contain provisions meeting, at a

 

minimum, the following:

 

     (a) One-story barrier-free living, regarding the location of

 

the primary sleeping, eating, and bathroom areas.

 

     (b) Doorways and hallways at least 32 inches wide or wider, as

 

determined by the director, in order to accommodate any wheelchairs

 

or motorized handicapper conveyance.

 

     (c) Flush entryways and thresholds, nonslip floors and bathing

 

facilities, and lever door handles and rocker light switches.

 

     (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 ensure 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.

 

     (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.