SB-0235, As Passed House, October 16, 2013
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 235
A bill to amend 1986 PA 54, entitled
"Building officials and inspectors registration act,"
by amending sections 2, 9, and 11 (MCL 338.2302, 338.2309, and
338.2311).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a)
"Adopted", in
reference to a rule or ordinance, means
a
properly
passed. rule or ordinance.
(b) "Advisory board" means the building officials advisory
board created pursuant to section 3.
(c) "Approved" means reviewed and found acceptable by the
commission.
(d) "Building official" means a construction code enforcement
person working as an inspector, or plan reviewer, or actively
engaged in the administration and enforcement of adopted building,
electrical, mechanical, or plumbing codes, or any combination of
these codes.
(e)
"Code" means the state construction code provided for that
term
as defined in section 4 2a of
the Stille-DeRossett-Hale single
state
construction code act, of 1972, Act No. 230 of the Public
Acts
of 1972, being section 125.1504 of the Michigan Compiled Laws,
or
a part of that code which is of limited application, and
includes
a modification of or amendment to the code, or a
nationally
recognized model building code or other nationally
recognized
model code adopted by a governmental subdivision
pursuant
to section 8 of the state construction code act of 1972,
being
section 125.1508 of the Michigan Compiled Laws.1972 PA 230,
MCL 125.1502a.
(f)
"Commission" means the state construction code commission
as
established that term as
defined in section 3 2a of
the Stille-
DeRossett-Hale
single state construction code act, of
1972, Act No.
230
of the Public Acts of 1972, being section 125.1503 of the
Michigan
Compiled Laws.1972 PA 230,
MCL 125.1502a.
(g) "Education or training program" means formal or informal
courses, seminars, correspondence programs, and other teaching aids
approved by the commission for building officials, plan reviewers,
and
inspectors. which have been approved by the commission.
(h)
"Enforcing agency" means an enforcing agency that term as
defined
in section 2 2a of the Stille-DeRossett-Hale
single state
construction
code act, of 1972, Act No. 230 of the Public Acts of
1972,
being section 125.1502 of the Michigan Compiled Laws.1972 PA
230, MCL 125.1502a.
(i) "Fire protection system" means that term as defined in the
Michigan building code.
(j) "Fire protection system inspector" means a person meeting
the qualifications established by this act responsible for the
inspection of fire protection systems in accordance with the design
and installation standards referenced by the Michigan building
code.
(k) "Fire protection system plan reviewer" means a person
meeting the qualifications established by this act responsible for
the review of fire protection system plans in accordance with the
design and installation standards referenced by the Michigan
building code.
(l) (i)
"Inspector" means the
person responsible for the
administration and enforcement of the construction of buildings,
structures, or appurtenances under the requirements of the
applicable
building, electrical, mechanical, or plumbing code
administered
and enforced within the jurisdiction of the employing
enforcing
agency employing the person.code.
(m) (j)
"Practical construction
experience" means experience
in construction related trades or code administration and
enforcement
which that is found to be acceptable to the commission.
(n) (k)
"Plan reviewer" means a
person engaged in the practice
of examining construction documents for the purpose of determining
compliance with applicable codes.
(o) (l) "Provisional
registration" means a building official,
plan reviewer, or inspector who is registered subject to attaining
the amount of training, education, and experience required by the
appropriate board and the commission.
(p) (m)
"Registered" means a
building official, plan reviewer,
or
inspector, fire protection system inspector, or fire
protection
system plan reviewer who is registered under this act.
(q) (n)
"Test" means a method of
determining the
qualifications of a person seeking registration as a building
official, plan reviewer, or inspector under this act. Tests may be
written, oral, practical, or a combination of written, oral, and
practical.
Completion of educational education
or training programs
which
have been approved by the commission may
be substituted for
appropriate tests or portions of tests.
(r) (o)
"Code change cycle" means
the publication by a
nationally recognized code writing body of a new edition of a basic
code which includes all approved changes to the basic code since
the previous edition. Code change cycle does not include changes to
the basic code approved and published in annual supplements to the
code.
Sec. 9. Upon written notice of hearing, the commission may
revoke or suspend the registration of any building official, plan
reviewer,
or inspector, fire
protection system inspector, or fire
protection system plan reviewer if there is sufficient evidence
showing that the registered person has violated this act or rules
promulgated pursuant to this act, in the performance of his or her
duties. In any proceeding under this act, the enforcing agency
which employs the person may appear as a party in interest. All
hearings shall be conducted pursuant to the administrative
procedures
act of 1969, Act No. 306 of the Public Acts of 1969,
being
sections 24.201 to 24.328 of the Michigan Compiled Laws.1969
PA 306, MCL 24.201 to 24.328.
Sec.
11. (1) Upon payment to the commission receipt of
the fee
prescribed in section 13, the commission, without requiring an
examination, shall register and or reregister, without
examination
applicants
as a building official,
inspector, plan reviewer, fire
protection system inspector, or fire protection system plan
reviewer, an applicant licensed or certified under the laws of
other
states or national organizations having requirements for
certified
or licensed building officials, inspectors, or plan
reviewers
which another state. However,
the commission shall
register or reregister the applicant only if the commission
determines that the licensing or certification requirements of the
other state are equivalent to the requirements of this state for
the purpose of establishing reciprocity privileges for building
officials,
inspectors, and plan reviewers,
fire protection system
inspectors, and fire protection system plan reviewers.
(2) Upon receipt of the fee prescribed in section 13, the
commission, without requiring an examination, shall register or
reregister as a building official, inspector, or plan reviewer an
applicant licensed or certified by a national organization as a
building official, inspector, or plan reviewer. However, the
commission shall register or reregister the applicant only if the
commission determines that the licensing or certification
requirements of the national organization are equivalent to the
requirements of this state for the purpose of establishing
reciprocity privileges for building officials, inspectors, and plan
reviewers.
(3) Upon the receipt of the fee prescribed in section 13, the
commission, without requiring an examination, shall register or
reregister as a fire protection system inspector an applicant who
meets all the following requirements:
(a) Is certified by the national fire protection association
or the international code council as a fire inspector I and fire
inspector II.
(b) Attests to the department in his or her application to
having an understanding of the Michigan building code.
(4) Upon the receipt of the fee prescribed in section 13, the
commission, without requiring an examination, shall register or
reregister as a fire protection system plan reviewer an applicant
who meets all the following requirements:
(a) Is certified by the national fire protection association
or the international code council as a fire inspector I and a plans
examiner.
(b) Attests to the department in his or her application to
having an understanding of the Michigan building code.
Enacting section 1. This amendatory act takes effect upon the
expiration of 90 days after the date it is enacted into law.