HB-4561, As Passed Senate, December 12, 2012

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4561

     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.

     (2) The code shall consist of the international residential

code, the international building code, the international mechanical

code, the international plumbing code, the international existing

building code, and the international energy conservation code

published by the international code council , and 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. The

director may adopt all or any part of these codes or the standards

contained within these codes by reference.

     (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 or

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 To develop 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 may draft and

recommend to the director proposed language. The director shall

give consideration to consider 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 Michigan building code, the

Michigan mechanical code, the Michigan plumbing code, the Michigan

House Bill No. 4561 as amended December 12, 2012

rehabilitation code for existing buildings, the Michigan electrical

code, and the commercial chapters of the Michigan energy code not

less than once every 3 years to coincide with the national code

change cycle.

     (6) <<within 90 days after the effective date of the 2012 act

that amended this section, the director shall begin the process to

add, amend, or rescind rules to update the 2009 Michigan residential code, including the residential energy code chapter. Commencing with

the 2015 national code change cycle,>> The director shall add, amend, and rescind rules to

simultaneously update all chapters of the Michigan residential code

not less frequently than once every 6 years or more frequently than

once every 3 years as the director determines is appropriate. Not

more than 200 days after the <<printed>> publication of the latest

edition of

the international residential code book <<is made available to the

general public>>, the director shall hold a

public meeting in Lansing and offer persons an opportunity to

present data and comments on the general need to update the

Michigan residential code. The department shall give 30 days'

advance notice of <<a meeting under this subsection>> on the

department's website. Not more

than 30 days after the meeting, the director shall issue a written

determination whether to update the Michigan residential code. The

department shall post notice of the determination on its website

for at least 45 days.

     (7) If the director makes the determination not to update the

Michigan residential code, a person may, within 45 days after the

determination, request the director to promulgate a rule to amend a

section or sections of the Michigan residential code. Within 90

days after the filing of a request, the director shall initiate the

processing of a rule or shall issue to the requestor a concise

written statement of the principal reasons for denial of the

request and post the denial statement on the department's website

until the Michigan residential code is next updated. The denial of

the request is not subject to judicial review.

(8) (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. If the Michigan residential code is updated on a 6-year

cycle, then use of a material, product, method of manufacture, or

method or manner of construction or installation provided for in an

interim edition of the international residential code is authorized

throughout this state and shall be permitted, but shall not be

mandated, by an enforcing agency or its building official or

inspectors. However, the enforcing agency or its building official

or inspectors may require that if such a material, product, method

of manufacture, or method or manner of construction or installation

provided for in an interim edition of the international residential

code is used, the use shall comply with all applicable requirements

set forth in the interim edition of the international residential

code.