SB-0969, As Passed House, December 13, 2016
SB-0969, As Passed Senate, October 20, 2016
May 18, 2016, Introduced by Senators MACGREGOR, SCHUITMAKER, ZORN, KNOLLENBERG, HORN and SCHMIDT and referred to the Committee on Regulatory Reform.
A bill to amend 1937 PA 306, entitled
"An act to promote the safety, welfare, and educational interests
of the people of the state of Michigan by regulating the
construction, reconstruction, and remodeling of certain public or
private school buildings or additions to such buildings, by
regulating the construction, reconstruction, and remodeling of
buildings leased or acquired for school purposes, and to define the
class of buildings affected by this act; to prescribe the powers
and duties of certain state agencies and officials; to prescribe
penalties for the violation of this act; and to repeal acts and
parts of acts,"
by amending section 1b (MCL 388.851b), as amended by 2006 PA 199.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1b. (1) Except as otherwise provided in this act, the
department is responsible for the administration and enforcement of
this act and the Stille-DeRossett-Hale single state construction
code act, 1972 PA 230, MCL 125.1501 to 125.1531, in each school
building in this state.
(2) Except as provided in subsection (5), a school building
covered by bond issues that were approved by the department of
treasury after July 1, 2003 shall not be constructed, remodeled, or
reconstructed in this state until written approval of the plans and
specifications is obtained from the department indicating that the
school building will be designed and constructed in conformance
with the code. This subsection does not apply to any school
building for which construction is covered by bond issues that were
approved by the department of treasury before July 1, 2003.
(3) Responsibility for inspections of school buildings shall
be determined by 1 of the following methods:
(a) By an independent third party designated in the contract
governing the construction, remodeling, or reconstruction of a
school building. The independent third party shall be responsible
for all inspections required to insure compliance with the code.
The school authority shall verify that the independent third party
named is knowledgeable about construction practices and codes and
is otherwise qualified to conduct the inspections. The name of the
independent third party to be responsible for conducting
inspections shall be submitted to the department with the plans and
specifications required by subsection (2). If the department
determines that the independent third party is not qualified to
conduct the inspections or is not an independent third party, it
shall disapprove of the designation and notify the school
authority. All inspection reports prepared by the person designated
by the school authority under this subdivision shall be sent to the
department upon completion of the inspection. The department may
return the report for further work if there are questions relating
to the scope of the inspection or whether the construction,
remodeling, or reconstruction meets the requirements of the code.
(b) If a designation of an independent third party is not made
as required under subdivision (a), the inspections required to
insure compliance with the code will be performed by the department
or as provided under subsection (5).
(4) Except as provided in subsection (5), the department shall
perform for school buildings all plan reviews within 60 days from
the date the plans are filed or considered approved and inspections
within 5 business days as required by the code and shall be the
enforcing agency for this act.
(5) The department shall delegate the responsibility for the
administration and enforcement of this act to the applicable agency
if both the school board and the governing body of the governmental
subdivision have annually certified to the department, in a manner
prescribed by the department, that full-time code officials,
inspectors,
and plan reviewers who are registered under the
building
officials and inspectors registration act, 1986 PA 54, MCL
338.2301
to 338.2313, article 10 of
the skilled trades regulation
act, MCL 339.6001 to 339.6023, will conduct plan reviews and
inspections of school buildings.
(6) This section does not affect the responsibilities of the
bureau of fire services under the fire prevention code, 1941 PA
207,
MCL 29.1 to 29.34. 29.33. The bureau of construction codes and
safety
and the bureau of fire services in
the department shall
jointly develop procedures to use the plans and specifications
submitted in carrying out the requirements of this act and the fire
prevention
code, 1941 PA 207, MCL 29.1 to 29.34. 29.33. A
certificate of occupancy shall not be issued by the appropriate
code
enforcement agency until a certificate of approval has been is
issued
under the fire prevention code, 1941 PA 207, MCL 29.1 to
29.34.29.33.
(7) This section applies to construction, remodeling, or
reconstruction of school buildings that are covered by bond issues
that were approved by the department of treasury after July 1,
2003. Construction, remodeling, or reconstruction of school
buildings that are covered by bond issues approved before July 1,
2003 shall submit the plans and specifications to the department
for approval under section 1. The department shall not grant
approval until it has received the certification described in
section 3 relative to fire safety and from the appropriate health
department relative to water supply, sanitation, and food handling.
(8) As used in this section:
(a) "Code" means the state construction code provided for in
the Stille-DeRossett-Hale single state construction code act, 1972
PA 230, MCL 125.1501 to 125.1531.
(b) "Construction" means that term as defined in section 2a of
the Stille-DeRossett-Hale single state construction code act, 1972
PA 230, MCL 125.1502a.
(c)
"Department" means the department of labor and economic
growth.licensing and regulatory affairs.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 963
of the 98th Legislature is enacted into law.