September 7, 2011, Introduced by Rep. Kurtz 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 sections 10, 12, and 13 (MCL 125.1510, 125.1512, and
125.1513), section 10 as amended by 1999 PA 245.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10. (1) Except as otherwise provided in the code or in
this act, before construction of a building or structure, the
owner, or the owner's builder, architect, engineer, or agent, shall
submit an application in writing to the appropriate enforcing
agency for a building permit. The application shall be on a form
prescribed by the commission and shall be accompanied by payment of
the fee established by the enforcing agency. The application shall
contain a detailed statement in writing, verified by affidavit of
the person making it, of the specifications for the building or
structure, and full and complete copies of the plans drawn to scale
of the proposed work. A site plan showing the dimensions, and the
location of the proposed building or structure and other buildings
or structures on the same premises, shall be submitted with the
application. The application shall state in full the name and
residence, by street and number, of the owner in fee of the
premises on which the building or structure will be constructed,
and the purposes for which it will be used.
(2) If construction is proposed to be undertaken by a person
other than the owner of the land in fee, the statement under
subsection (1) shall also contain the full name and residence, by
street
and number, of the owner and also of the person proposing
the construction. The affidavit under subsection (1) shall state
that the specifications and plans are true and complete and contain
a correct description of the building or structure, lot, and
proposed work. The statements and affidavits may be made by an
owner , or the owner's attorney, agent, engineer, architect,
or
builder, or by the person who proposes to make the construction or
alteration , or by that person's agent, engineer,
architect, or
builder. A person shall not be recognized as the agent, attorney,
engineer, architect, or builder of another person unless the person
to be so recognized files with the enforcing agency a written
instrument,
which shall be an architectural,
engineering or
construction contract, power of attorney, or letter of
authorization signed by that other person designating the person as
the agent, attorney, architect, engineer, or builder and, in case
of a residential builder or maintenance and alteration contractor,
architect, or engineer, setting forth the person's license number
and the expiration date of the license.
(3) A person licensed or required to be licensed as a
residential builder or residential maintenance and alteration
contractor under the occupational code, 1980 PA 299, MCL 339.101 to
339.2721
339.2919, a master or journeyman journey plumber
pursuant
to
1929 PA 266, MCL 338.901 to 338.917 the state plumbing act, 2002
PA 733, MCL 338.3511 to 338.3569, an electrical contractor or
master or journeyman electrician pursuant to the electrical
administrative act, 1956 PA 217, MCL 338.881 to 338.892, or
pursuant to a local ordinance, or as a mechanical contractor
pursuant to the forbes mechanical contractors act, 1984 PA 192, MCL
338.971 to 338.988, who applies for a building permit to perform
work on a residential building or a residential structure shall, in
addition to any other information required pursuant to this act,
provide on the building permit application all of the following
information:
(a) The occupational license number of the applicant and the
expiration date of the occupational license.
(b) One of the following:
(i) The name of each carrier providing worker's disability
compensation insurance to the applicant if the applicant is
required to be insured pursuant to the worker's disability
compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941.
(ii) The reasons for exemption from the requirement to be
insured if the applicant is not required to be insured under the
worker's disability compensation act of 1969, 1969 PA 317, MCL
418.101 to 418.941.
(c) One of the following:
(i) The employer identification number, if the applicant is
required to have an employer identification number pursuant to
section 6109 of the internal revenue code, 26 USC 6109.
(ii) The reasons for exemption from the requirement to have an
employer identification number pursuant to section 6109 of the
internal revenue code, 26 USC 6109, if the applicant is not
required to have an employer identification number pursuant to that
section. 6109
of the internal revenue code.
(d) One of the following:
(i) The Michigan employment security commission employer
number, if the applicant is required to make contributions pursuant
to the Michigan employment security act, 1936 (Ex Sess) PA 1, MCL
421.1 to 421.75.
(ii) If the applicant is not required to make contributions,
the reasons for exemptions from the requirement to make
contributions under the Michigan employment security act, 1936 (Ex
Sess) PA 1, MCL 421.1 to 421.75.
(4) The building permit application form shall contain the
following statement in 8-point boldfaced type immediately above the
location for the applicant's signature:
"Section 23a of the state construction code act of 1972, 1972
PA 230, MCL 125.1523a, prohibits a person from conspiring to
circumvent the licensing requirements of this state relating to
persons who are to perform work on a residential building or a
residential structure. Violators of section 23a are subjected to
civil fines."
(5) The application for a building permit shall be filed with
the enforcing agency and the application and any other writing
prepared, owned, used, in the possession of, or retained by the
enforcing agency in the performance of an official function shall
be made available to the public in compliance with the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246. An application
shall not be removed from the custody of the enforcing agency after
a building permit has been issued.
(6) This section shall be construed to allow the imposition of
requirements in the code, or in other laws or ordinances, for
additional permits for particular kinds of work, including plumbing
and electrical, or in other specified situations. The requirements
of the code may provide for issuance of construction permits for
certain of the systems of a structure and allow construction to
commence on those systems approved under that permit even though
the design and approval of all the systems of the structure have
not been completed and subsequent construction permits have not
been issued.
(7) Notwithstanding this section, a building permit is not
required
for ordinary any of the
following:
(a) Ordinary repairs of a building and structure.
(b) (8)
Notwithstanding this section, a building permit is not
required
for a A building incidental to the use for agricultural
purposes of the land on which the building is located if it is not
used in the business of retail trade.
(8) Notwithstanding this section, a building permit or
occupancy permit is not required for construction work for which
the labor and materials are valued at less than $10,000.00 and that
is undertaken or contracted for by a state, local, or federal
government agency.
Sec. 12. (1) An enforcing agency shall periodically inspect
all construction undertaken pursuant to a building permit issued by
it
to insure ensure that the construction is performed in
accordance
with conditions of the building permit and is consistent
with requirements of the code and other applicable laws and
ordinances.
(2) The owner of premises on which a building or structure is
being
constructed pursuant to a
building permit is deemed
considered to have consented to inspection by the enforcing agency
and the commission of the entire premises and of any construction
being performed on it until a certificate of use and occupancy, if
applicable, has been issued. An inspector, or team of inspectors,
on presentation of proper credentials, may enter and inspect the
premises
and construction thereon, for purposes of insuring
ensuring
compliance with the building permit , and the
code and
other applicable laws and regulations. An inspection shall be made
between 8 a.m. and 6 p.m. on business days, or when construction is
actually being undertaken, except if the enforcing agency has
probable cause to believe that an immediate danger to life, limb,
or
property exists, or except with permission of an owner , or his
or her agent, architect, engineer, or builder. An inspection
pursuant
to under this section shall be is solely
for purposes of
enforcing this act and other laws and ordinances related to
construction of buildings and structures. A person other than the
owner , or his
or her agent, architect, engineer, or
builder shall
not accompany an inspector or team of inspectors on an inspection,
unless his or her presence is necessary for the enforcement of this
act , or other laws and ordinances related to construction
of the
building
or structure, or except with the consent of an owner , or
his or her agent, architect, engineer, or builder.
(3) If construction is being undertaken contrary to a building
permit, this act, or other applicable laws or ordinances, the
enforcing agency shall give written notice to the holder of the
building permit, or if a permit has not been issued then to the
person doing the construction, notifying him or her of the
violation of this act, or other applicable laws and ordinances, and
to appear and show cause why the construction should not be
stopped. If the person doing the construction is not known, or
cannot be located with reasonable effort, the notice may be
delivered to the person in charge of, or apparently in charge of,
the construction. If the holder of the permit or the person doing
the construction fails to appear and show good cause within 1 full
working day after notice is delivered, the enforcing agency shall
cause a written order to stop construction to be posted on the
premises. A person shall not continue, or cause or allow to be
continued, construction in violation of a stop construction order,
except with permission of the enforcing agency to abate the
dangerous
condition or remove the violation, or except by pursuant
to court order. If an order to stop construction is not obeyed, the
enforcing agency may apply to the circuit court for the county in
which the premises are located for an order enjoining the violation
of the stop construction order. This remedy is in addition to, and
not in limitation of, any other remedy provided by law or ordinance
,
and does not prevent criminal
prosecution for failure to obey the
order.
(4) Without limitation on other available remedies, an
interested person may apply for an order, enjoining the
continuation of construction undertaken in violation of a building
permit , or this
act, the code, or other applicable laws or
ordinances, to the circuit court for the county in which the
premises are located.
Sec.
13. A Except as otherwise
provided by this act, a
building
or structure hereafter constructed after December 31, 1972
shall not be used or occupied in whole or in part until a
certificate of use and occupancy has been issued by the appropriate
enforcing
agency. A Except as
otherwise provided by this act, a
building
or structure hereafter altered in whole or in part after
December
31, 1972 shall not be used or occupied
until such a the
certificate has been issued, except that a use or occupancy in an
already existing building or structure that was not discontinued
during its alteration may be continued for 30 days after completion
of the alteration without issuance of a certificate of use and
occupancy.
A If required, a certificate of use and occupancy shall
be issued by the enforcing agency when the work covered by a
building
permit has been completed in accordance with the permit ,
and the code and other applicable laws and ordinances. On request
of a holder of a building permit, the enforcing agency may issue a
temporary certificate of use and occupancy for a building or
structure, or part thereof, before the entire work covered by the
building permit has been completed, if the parts of the building or
structure to be covered by the certificate may be occupied before
completion
of all the work in accordance with the permit , and the
code and other applicable laws and ordinances, without endangering
the health or safety of the occupants or users. When a building or
structure
is entitled thereto, qualifies
for a certificate of use
and occupancy, the enforcing agency shall issue a certificate of
use and occupancy within 5 business days after receipt of a written
application therefor on a form to be prescribed by the enforcing
agency and payment of the fee to be established by it. The
certificate of use and occupancy shall certify that the building or
structure has been constructed in accordance with the building
permit , and the
code and other applicable laws and ordinances. The
application for a certificate of use and occupancy for a new
dwelling with a unit or units for rent shall set forth the
information required in an application for a certificate of
compliance
for such a dwelling pursuant to the state under section
131 of the housing law of Michigan, 1917 PA 167, MCL 125.531, and
the
certificate of use and occupancy for such a that dwelling
shall
be
deemed its is the dwelling's initial certificate of compliance.
The enforcing agency shall give the owner of the building or
structure or his or her agent at least 12 hours' notice of the time
of
any final inspection , by the
enforcing agency of the work
covered by the building permit, pursuant to the application for a
certificate of use and occupancy.