May 4, 2016, Introduced by Senator BOOHER and referred to the Committee on Regulatory Reform.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending sections 2001, 2004, and 2012 (MCL 339.2001, 339.2004,
and 339.2012), section 2001 as amended by 1998 PA 218, section 2004
as amended by 2009 PA 143, and section 2012 as amended by 2002 PA
495; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2001. As used in this article:
(a)
"Architect" means a person an individual who, by reason
of
knowledge of mathematics, the physical sciences, and the principles
of architectural design, acquired by professional education and
practical experience, is qualified to engage in the practice of
architecture.
(b) "Firm" means a sole proprietorship, partnership,
corporation,
or limited liability company through which a person an
individual who is licensed under this article offers or provides a
service to the public.
(c)
"Person" means a natural person an individual,
notwithstanding section 105(5).
(d)
"Person in responsible charge" means a person an
individual who is licensed under this article and who determines
technical questions of design and policy; advises the client;
supervises and is in responsible charge of the work of
subordinates;
is the person individual whose professional skill and
judgment are embodied in the plans, designs, plats, surveys, and
advice involved in the services; and who supervises the review of
material and completed phases of construction.
(e) "Practice of architecture" means professional services,
such as consultation, investigation, evaluation, planning, design,
or review of material and completed phases of work in construction,
alteration, or repair in connection with a public or private
structure, building, equipment, works, or project if the
professional service requires the application of a principle of
architecture or architectural design.
(f) "Practice of professional surveying" means providing
professional services such as consultation, investigation,
testimony, evaluation, planning, mapping, assembling, and
interpreting reliable scientific measurements and information
relative to the location, size, shape, or physical features of the
earth, improvements on the earth, the space above the earth, or any
part of the earth, and the utilization and development of these
facts and interpretations into an orderly survey map, plan, report,
description, or project. The practice of professional surveying
includes all of the following:
(i) Land surveying that is the surveying of an area for its
correct determination or description for its conveyance, or for the
establishment or reestablishment of a land boundary and the
designing or design coordination of the plotting of land and the
subdivision of land.
(ii) Geodetic surveying that includes surveying for
determination of the size and shape of the earth both horizontally
and vertically and the precise positioning of points on the earth
utilizing angular and linear measurements through spatially
oriented spherical geometry.
(iii) Utilizing and managing land information systems through
establishment of datums and local coordinate systems and points of
reference.
(iv) Engineering and architectural surveying for design and
construction layout of infrastructure.
(v) Cartographic surveying for making maps, including
topographic and hydrographic mapping.
(g) "Practice of professional engineering" means professional
services, such as consultation, investigation, evaluation,
planning, design, or review of material and completed phases of
work in construction, alteration, or repair in connection with a
public or private utility, structure, building, machine, equipment,
process, work, or project, if the professional service requires the
application of engineering principles or data. The practice of
professional engineering does not include the preparation, signing,
or submission of shop drawings for a fire alarm system, as defined
in section 1a of the electrical administrative act, 1956 PA 217,
MCL 338.881a.
(h)
"Principal" means a sole proprietor; , a partner of a
partnership;
, the president, vice-president, secretary, treasurer,
or
director of a corporation; , or a
member or manager of a limited
liability company.
(i)
"Professional engineer" means a person an individual who,
by reason of knowledge of mathematics, the physical sciences, and
the principles of engineering, acquired by professional education
and practical experience, is qualified to engage in the practice of
professional engineering.
(j)
"Professional surveyor" means a person an individual who,
by reason of knowledge of law, mathematics, physical sciences, and
techniques of measuring acquired by professional education and
practical experience, is qualified to engage in the practice of
professional surveying.
(k) "Services" means professional service offered or provided
by an architect in the practice of architecture, a professional
engineer in the practice of professional engineering, or a
professional surveyor in the practice of professional surveying.
Sec. 2004. (1) In order to be licensed as an architect, an
individual
shall must meet all of the following:
(a)
The requirements prescribed in section 2005(1).Provide
evidence of completion of a first professional degree or further
degree in architecture satisfactory to the board of architects.
(b)
Pass an examination which that
tests the applicant's
qualifications to practice architecture or provide equivalent proof
of qualification acceptable to the department and the board of
architects.
(c) Be of good moral character.
(d)
Provide documentation of not less than 8 years of
professional experience in architectural work satisfactory to the
board.,
including not more than 6 years of education.
(e)
Provide not less than 5 references, 3 of which shall be
references
from licensed architects who have personal knowledge of
the
applicant's professional experience.
(2) In order to be licensed as a professional engineer, an
individual
shall must meet all of the following:
(a)
The requirements prescribed in section 2005(2).Provide
documentation of at least 8 years of professional experience in
engineering work acceptable to the board of professional engineers,
including not more than 6 years of education.
(b) Provide evidence of completion of a baccalaureate degree
in engineering from an accredited program or its equivalent, as
determined by the board of professional engineers.
(c) (b)
Pass the engineering fundamentals
and professional
practice examinations or provide equivalent proof of qualification
to practice professional engineering acceptable to the department
and the board.
(d) (c)
Be of good moral character.
(3)
In order to be licensed as a land professional surveyor,
an
individual shall must meet all of the following:
(a)
The requirements prescribed in section 2005(3).Provide
documentation of at least 8 years of professional experience in
professional surveying satisfactory to the board of professional
surveyors, including not more than 5 years of education.
(b) Provide evidence of completion of a degree in professional
surveying or a related degree that included professional surveying
courses acceptable to the board of professional surveyors.
(c) (b)
Pass the land professional surveying fundamentals and
professional practice examinations or provide equivalent proof of
qualification
to practice land professional
surveying acceptable to
the department and the board.
(d) (c)
Be of good moral character.
Sec. 2012. (1) The following persons are exempt from the
requirements of this article:
(a) A professional engineer who is employed by a railroad or
other
interstate corporation , and
whose employment and practice is
confined to the property of the corporation.
(b) A designer of a manufactured product, if the manufacturer
of the product assumes responsibility for the quality of the
product.
(c) An owner that is doing architectural, engineering, or
surveying
work upon on or in connection with the construction of a
building on the owner's property for the owner's own use and to
which employees and the public are not generally to have access.
(d)
A person An individual who
is not licensed under this
article and who is planning, designing, or directing the
construction
of a detached 1- and 2-family residence building not
exceeding
that does not exceed 3,500 square feet in calculated
floor area. For purposes of this subdivision, detached 1- and 2-
family residence building does not include an adult foster care
home licensed under the adult foster care facility licensing act,
1979 PA 218, MCL 400.701 to 400.737.
(e)
A person An individual who is licensed to engage in the
practice of architecture, professional engineering, or professional
surveying in another state while temporarily in this state to
present a proposal for services.
(f) A person who is not licensed under this article; is a fire
alarm contractor licensed under the electrical administrative act,
1956 PA 217, MCL 338.881 to 338.892; and is submitting fire alarm
shop drawings for the purpose of obtaining an electrical or fire
alarm permit.
(2) As used in this section:
(a) "Calculated floor area" means that portion of the total
gross area, measured to the outside surfaces of exterior walls,
intended to be habitable space.
(b) "Habitable space" means space in a building used for
living, sleeping, eating, or cooking. Habitable space does not
include a heater or utility room, a crawl space, a basement, an
attic, a garage, an open porch, a balcony, a terrace, a court, a
deck, a bathroom, a toilet room, a closet, a hallway, a storage
space, and other similar spaces that are not used for living,
sleeping, eating, or cooking.
Enacting section 1. Section 2005 of the occupational code,
1980 PA 299, MCL 339.2005, is repealed.
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.