May 18, 2016, Introduced by Senators SCHMIDT, SCHUITMAKER, HORN, MACGREGOR, ZORN and KNOLLENBERG 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 2a, 8b, 9, 10, and 28 (MCL 125.1502a,
125.1508b, 125.1509, 125.1510, and 125.1528), sections 2a and 10 as
amended by 2013 PA 125, section 8b as amended by 2006 PA 192,
section 9 as added by 2012 PA 103, and section 28 as amended by
2014 PA 9.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2a. (1) As used in this act:
(a) "Agricultural or agricultural purposes" means of, or
pertaining to, or connected with, or engaged in agriculture or
tillage that is characterized by the act or business of cultivating
or using land and soil for the production of crops for the use of
animals or humans, and includes, but is not limited to, purposes
related to agriculture, farming, dairying, pasturage, horticulture,
floriculture, viticulture, and animal and poultry husbandry.
(b) "Agricultural product" means a farm product as defined in
section 2 of the Michigan right to farm act, 1981 PA 93, MCL
286.472.
(c) "Application for a building permit" means an application
for a building permit submitted to an enforcing agency pursuant to
this act and plans, specifications, surveys, statements, and other
material submitted to the enforcing agency together or in
connection with the application.
(d) "Barrier free design" means design complying with legal
requirements for architectural designs that eliminate the type of
barriers and hindrances that deter persons with disabilities from
having access to and free mobility in and around a building or
structure.
(e) "Board of appeals" means the construction board of appeals
of a governmental subdivision provided for in section 14.
(f) "Boards" means the state plumbing board created in section
13
of the state plumbing act, former
2002 PA 733, MCL 338.3523, the
board
of mechanical rules created in section 3 of the Forbes
mechanical
contractors act, former 1984 PA 192, MCL 338.973, the
electrical
administrative board created in section 2 of the
electrical
administrative act, former 1956 PA 217, MCL 338.882, and
the barrier free design board created in section 5 of 1966 PA 1,
MCL 125.1355.
(g) "Building" means a combination of materials, whether
portable or fixed, forming a structure affording a facility or
shelter for use or occupancy by individuals, animals, or property.
Building does not include a building, whether temporary or
permanent, 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. Building includes a part or parts of the
building and all equipment in the building unless the context
clearly requires a different meaning.
(h) "Building envelope" means the elements of a building that
enclose conditioned spaces through which thermal energy may be
transferred to or from the exterior.
(i) "Building official" means an individual who is employed by
a governmental subdivision and is charged with the administration
and enforcement of the code and who is registered in compliance
with
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. This individual may also
be an employee of a private organization.
(j) "Business day" means a day of the year, exclusive of a
Saturday, Sunday, or legal holiday.
(k) "Chief elected official" means the chairperson of the
county board of commissioners, the city mayor, the village
president, or the township supervisor.
(l) "Code" means the state construction code provided for in
section 4 or a part of that code of limited application and
includes a modification of or amendment to the code.
(m) "Commission" means the state construction code commission
created by section 3a.
(n) "Construction" means the construction, erection,
reconstruction, alteration, conversion, demolition, repair, moving,
or equipping of buildings or structures.
(o) "Construction regulation" means a law, act, rule,
regulation, or code, general or special, or a compilation thereof,
enacted or adopted by this state including a department, board,
bureau, commission, or other agency of this state, relating to the
design, construction, or use of and the installation of equipment
in buildings and structures. Construction regulation does not
include a zoning ordinance or rule issued pursuant to a zoning
ordinance and related to zoning.
(p) "Cost-effective", in reference to section 4(3)(f) and (g),
means, using the existing energy efficiency standards and
requirements as the base of comparison, the economic benefits of
the proposed energy efficiency standards and requirements will
exceed the economic costs of the requirements of the proposed rules
based upon an incremental multiyear analysis that meets all of the
following requirements:
(i) Considers the perspective of a typical first-time home
buyer.
(ii) Considers benefits and costs over a 7-year time period.
(iii) Does not assume fuel price increases in excess of the
assumed general rate of inflation.
(iv) Ensures that the buyer of a home who would qualify to
purchase the home before the addition of the energy efficient
standards will still qualify to purchase the same home after the
additional cost of the energy-saving construction features.
(v) Ensures that the costs of principal, interest, taxes,
insurance, and utilities will not be greater after the inclusion of
the proposed cost of the additional energy-saving construction
features required by the proposed energy efficiency rules than
under the provisions of the existing energy efficiency rules.
(q) "Department" means the department of licensing and
regulatory affairs.
(r) "Director" means the director of the department or an
authorized representative of the director.
(s) "Energy conservation" means the efficient use of energy by
providing building envelopes with high thermal resistance and low
air leakage, and the selection of energy efficient mechanical,
electrical service, and illumination systems, equipment, devices,
or apparatus.
(t) "Enforcing agency" means the governmental agency that, in
accordance with section 8a or 8b, is responsible for administration
and enforcement of the code within a governmental subdivision.
However, for the purposes of section 19, enforcing agency means the
agency in a governmental unit principally responsible for the
administration and enforcement of applicable construction
regulations.
(u) "Equipment" means plumbing, heating, electrical,
ventilating, air conditioning, and refrigerating equipment.
(v) "Governmental subdivision" means a county, city, village,
or township that, in accordance with section 8a or 8b, has assumed
responsibility for administration and enforcement of this act and
the code within its jurisdiction.
(w) "Mobile home" means a vehicular, portable structure that
meets all of the following requirements:
(i) Is built on a chassis pursuant to the national
manufactured housing construction and safety standards act of 1974,
42 USC 5401 to 5426.
(ii) Is designed to be used without a permanent foundation as
a dwelling when connected to required utilities.
(iii) Is or is intended to be, attached to the ground, to
another structure, or to a utility system on the same premises for
more than 30 consecutive days.
(x) "Other laws and ordinances" means other laws and
ordinances whether enacted by this state or by a county, city,
village, or township and the rules issued under those laws and
ordinances.
(y) "Owner" means the owner of the freehold of the premises or
lesser estate in the premises, a mortgagee or vendee in possession,
an assignee of rents, receiver, executor, trustee, or lessee, or
any other person, sole proprietorship, partnership, association, or
corporation directly or indirectly in control of a building,
structure, or real property or his or her duly authorized agent.
(z) "Person with disabilities" means an individual whose
physical characteristics limit that individual's ability to be
self-reliant in the individual's movement throughout and use of the
building environment.
(aa) "Premanufactured unit" means an assembly of materials or
products intended to comprise all or part of a building or
structure, and that is assembled at other than the final location
of the unit of the building or structure by a repetitive process
under circumstances intended to ensure uniformity of quality and
material content. Premanufactured unit includes a mobile home.
(bb) "Structure" means that which is built or constructed, an
edifice or building of any kind, or a piece of work artificially
built up or composed of parts joined together in some definite
manner. Structure does not include a structure incident to the use
for agricultural purposes of the land on which the structure is
located and does not include works of heavy civil construction
including, but not limited to, a highway, bridge, dam, reservoir,
lock, mine, harbor, dockside port facility, an airport landing
facility and facilities for the generation, transmission, or
distribution of electricity. Structure includes a part or parts of
the structure and all equipment in the structure unless the context
clearly requires a different meaning.
(2) Unless the context clearly indicates otherwise, a
reference to this act, or to this act and the code, means this act
and rules promulgated pursuant to this act including the code.
Sec. 8b. (1) Except as otherwise provided in this section, the
director is responsible for administration and enforcement of this
act and the code. A governmental subdivision may by ordinance
assume responsibility for administration and enforcement of this
act within its political boundary. A county ordinance adopted
pursuant to this act shall be adopted by the county board of
commissioners and shall be signed by the chairperson of the county
board of commissioners and certified by the county clerk.
(2) A governmental subdivision that has assumed the
responsibility for administering and enforcing this act and the
code may, through its chief legal officer, issue a complaint and
obtain a warrant for a violation of this act or the code and
prosecute the violation with the same power and authority it
possesses in prosecuting a local ordinance violation. If pursuant
to section 23, a governmental subdivision has by ordinance
designated a violation of the act or code as a municipal civil
infraction, the governmental subdivision may issue a citation or
municipal ordinance violation notice pursuant to chapter 87 of the
revised judicature act of 1961, 1961 PA 236, MCL 600.8701 to
600.8735, for a violation of the act or code. Unless otherwise
provided by local law or ordinance, the legislative body of a
governmental subdivision responsible for administration and
enforcement of this act and the code shall designate an enforcing
agency that shall discharge the responsibilities of the
governmental subdivision under this act. Governmental subdivisions
may provide by agreement for joint enforcement of this act.
(3) Subject to the other provisions of this act, an enforcing
agency is any official or agent of a governmental subdivision that
is
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, and
qualified by experience or training to perform the duties
associated with construction code administration and enforcement.
(4) Before December 28, 1999, the director shall provide each
governmental subdivision administering and enforcing this act and
the code with a notice of intent form. This form shall set forth
the date return receipt is required, which date shall not be less
than 60 days. The chief elected official of the governmental
subdivision that receives this notice shall indicate on the form
the intention of the governmental subdivision as to whether it
shall continue to administer and enforce this act and the code and
transmit this notice to the director within the prescribed period.
If a governmental subdivision fails to submit a notice of intent to
continue to administer and enforce this act and the code within the
date set forth in the notice, the director shall send a notice by
registered mail to the clerk of that governmental subdivision. This
notice shall indicate that the governmental subdivision has 15
additional days in which to submit a notice of intent to continue
to administer and enforce this act and the code. If the
governmental subdivision does not respond by the end of the 15
additional days, it shall be conclusively presumed that the
governmental subdivision does not intend to continue to administer
and enforce this act and the code and the director shall assume the
responsibility for administering and enforcing this act and the
code in that governmental subdivision, unless the county within
which the governmental subdivision is located submits a notice of
intent to continue to administer and enforce this act and the code.
(5) A county that is administering and enforcing this act and
the code on December 28, 1999 and that submits a notice of intent
to continue to administer and enforce this act and the code
pursuant to subsection (4) is responsible for the administration
and enforcement of this act and the code for each governmental
subdivision within the county that does not submit a notice of
intent to continue to administer and enforce this act and the code.
The director shall notify the county of those governmental
subdivisions that do not submit a notice of intent.
(6) A governmental subdivision that, before December 28, 1999,
did not administer and enforce this act and the code may elect to
assume the responsibility for the administration and enforcement of
this act and the code pursuant to subsection (1) by the passage of
an ordinance to that effect. A governmental subdivision that makes
this election after December 28, 1999 shall submit, in addition to
the ordinance, an application to the commission for approval to
administer and enforce this act and the code within its
jurisdiction. This application shall be made on the proper form to
be provided by the commission. The standards for approval shall
include, but not be limited to, the certification by the
governmental subdivision that the enforcing agency is qualified by
experience or training to administer and enforce this act and the
code and all related acts and rules, that agency personnel are
provided as necessary, that administrative services are provided,
that plan review services are provided, and that timely field
inspection services will be provided. The director shall seek
additional information if the director considers it necessary. The
commission shall render a decision on the application for approval
to administer and enforce this act and the code and transmit its
findings to the governmental subdivision within 90 days of receipt
of the application. The commission shall document its reasons, if
the commission disapproves an application. A governmental
subdivision that receives a disapproval may resubmit its
application for approval. Upon receipt of approval from the
commission for the administration and enforcement of this act and
the code, the governmental subdivision shall administer and enforce
this act and the code within its jurisdiction pursuant to the
provisions of this act and the application.
(7) A governmental subdivision that elects to administer and
enforce this act and the code within its jurisdiction by the
adoption of an ordinance may rescind that ordinance and transfer
the responsibility for the administration and enforcement of this
act and the code to the director. The director shall assume the
responsibility for administering and enforcing this act and the
code in that governmental subdivision, unless the county within
which that governmental subdivision is located has submitted a
notice of intent to continue to administer and enforce the code.
However, that action shall not take effect until 12 months after
the passage of an ordinance to that effect. A structure commenced
under an effective code shall be completed under that code.
(8) The director is responsible for administration and
enforcement of this act and the code for buildings and structures
that are not under the responsibility of an enforcing agency in
those governmental subdivisions that elect to administer and
enforce this act and the code. A building or structure owned by the
state shall not be erected, remodeled, or reconstructed in the
state, except school buildings or facilities or institutions of
higher education as described in section 4 of article VIII of the
state constitution of 1963, until written approval of the plans and
specifications has been obtained from the bureau of construction
codes and safety located within the department indicating that the
state owned facilities shall be designed and constructed in
conformance with the state construction code. The bureau of
construction codes and safety shall be the lead agency in the
coordination and implementation of this subsection. The bureau of
construction codes and safety shall perform required plan reviews
and inspections as required by the state construction code. Each
department shall secure required plan approvals and permits from
the bureau. Fees charged by the bureau for permits shall be in
accordance with the commission's approved schedule of fees. State
departments and institutions may allow local inspectors to inspect
the construction of state owned facilities. However, an inspection
conducted by a local inspector shall be of an advisory nature only.
(9) This section does not affect the responsibilities of the
commission for administration and enforcement of this act under
other sections of this act, or responsibilities under the fire
prevention code, 1941 PA 207, MCL 29.1 to 29.33; 1937 PA 306, MCL
388.851 to 388.855a; the firefighters training council act of 1966,
1966 PA 291, MCL 29.361 to 29.377; 1942 (1st Ex Sess) PA 9, MCL
419.201 to 419.205; parts 215 and 217 of the public health code,
1978 PA 368, MCL 333.21501 to 333.21799e; and section 58 of the
social welfare act, 1939 PA 280, MCL 400.58.
(10) Pursuant to parts 215 and 217 of the public health code,
1978 PA 368, MCL 333.21501 to 333.21799e, the director shall
develop consistent construction standards for hospitals and nursing
homes. These standards shall ensure that consistent, uniform, and
equitable construction requirements and state supervision of the
requirements are achieved. This subsection does not preclude a
state agency or a governmental subdivision from conducting plan
reviews or inspections necessary to ensure compliance with approved
construction plans.
(11) Except as otherwise provided in this act, this act does
not limit or restrict existing powers or authority of governmental
subdivisions, and this act shall be enforced by governmental
subdivisions in the manner prescribed by local law or ordinance. To
the extent not inconsistent with this act, local laws and
ordinances relating to administration and enforcement of
construction regulations enacted before the effective date of the
code by or for a governmental subdivision are applicable to
administration and enforcement of the code in that governmental
subdivision.
Sec. 9. (1) A governmental subdivision may contract with a
private organization to do 1 or more of the following on behalf of
the enforcing agency:
(a) Receive applications for building permits.
(b) Receive payments of fees and fines on behalf of the
governmental subdivision.
(c) Perform plan reviews using plan reviewers 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.
(d)
Perform inspections using inspectors 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.
(e) Approve temporary service utilities.
(f) Make determinations that structures or equipment are
unsafe.
(g) Process and deliver correction notices.
(h) In emergency situations, issue orders to connect or
disconnect utilities.
(i) In emergency situations, issue orders to vacate premises.
(j) Process and deliver any of the following after its
issuance has been approved by the building official:
(i) In nonemergency situations, orders to connect or
disconnect utilities.
(ii) In nonemergency situations, orders to vacate premises.
(iii) Building permits.
(iv) Temporary or permanent certificates of use and occupancy.
(v) Orders to suspend, revoke, or cancel a building permit or
certificate of occupancy.
(vi) Violation notices.
(vii) Notices to appear or show cause.
(viii) Stop work orders.
(ix) Orders to remedy noncompliance.
(2) Unless the governmental subdivision has a conflict of
interest ordinance that applies to a contract under subsection (1),
such
a contract entered into or renewed after the effective date of
the
amendatory act that added this subsection April 20, 2012 shall
include or incorporate by reference conflict of interest
provisions.
Sec. 10. (1) Except as otherwise provided in the code, 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
individual 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 land 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 shall
contain the full name and residence, by street and number, of the
owner and also of the person proposing the construction. The
affidavit shall state that the specifications and plans are true
and complete and contain a correct description of the building or
structure, lot or parcel, and proposed work. The statements and
affidavits may be made by an owner, or the owner's attorney, agent,
engineer, architect, or builder, 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 seeking recognition 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 seeking recognition 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 license number of the person seeking
recognition 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
339.2919, a plumbing contractor or master or journeyman plumber
pursuant
to the state plumbing act, 2002 PA 733, MCL 338.3511 to
338.3569,
under article 11 of the
skilled trades regulation act,
MCL 339.6101 to 339.6133, an electrical contractor, master
electrician,
or electrical journeyman pursuant to the electrical
administrative
act, 1956 PA 217, MCL 338.881 to 338.892, under
article 7 of the skilled trades regulation act, MCL 339.5701 to
339.5739, or pursuant to a local ordinance, or a mechanical
contractor pursuant
to the Forbes mechanical contractors act, 1984
PA
192, MCL 338.971 to 338.988, under
article 8 of the skilled
trades regulation act, MCL 339.5801 to 339.5819, 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 of 1986, 26 USC 6109, if the applicant is not
required to have an employer identification number pursuant to that
section.
(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) A building permit is not required for ordinary repairs of
a building or structure.
(8) A building permit is not required for a building
incidental to the use for agricultural purposes of the land on
which the building is located if the building is not used in the
business of retail trade.
(9) A qualifying roadside stand is exempt from the plumbing
fixture requirements of this act and the code and is not required
to have electric power. However, a qualifying roadside stand that
has electric power must comply with the electrical code. This
subsection does not exempt a qualifying roadside stand from a
requirement to obtain a building permit. As used in this
subsection, "qualifying roadside stand" means a roadside stand that
meets all of the following requirements:
(a) Is used only for seasonal retail trade in agricultural
products.
(b) At least 50% of the agricultural products offered for sale
at the roadside stand are produced on a farm that is owned or
controlled by the person who owns the roadside stand.
(c) Is not larger than 400 square feet.
(d) Is securely anchored to the ground.
(10) A tent that meets the requirements of subsection (9)(a),
(b), and (c) is exempt from this act and the code.
Sec. 28. (1) Any provision of any of the following that is
inconsistent or in conflict with this act is superseded to the
extent of the inconsistency or conflict:
(a) Section 34 of 1933 (Ex Sess) PA 18, MCL 125.684.
(b)
The state plumbing act, 2002 PA 733, MCL 338.3511 to
338.3569.Article 11 of the skilled trades regulation
act, MCL
339.6101 to 339.6133.
(c)
The electrical administrative act, 1956 PA 217, MCL
338.881
to 338.892.Article 7 of the
skilled trades regulation act,
MCL 339.5701 to 339.5739.
(d) Except as otherwise provided in this section, any other
public act.
(2) Any provision of this act that is inconsistent or in
conflict with the Michigan fireworks safety act, 2011 PA 256, MCL
28.451 to 28.471, as it relates to the retail sale of consumer
fireworks and low-impact fireworks, as those terms are defined in
that act, is superseded to the extent of the inconsistency or
conflict.
(3) This act does not repeal, amend, supersede, or otherwise
affect the powers and duties under any of the following:
(a) Part 55 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.5501 to 324.5542.
(b) Part 124 of the public health code, 1978 PA 368, MCL
333.12401 to 333.12434.
(c) The Michigan occupational safety and health act, 1974 PA
154, MCL 408.1001 to 408.1094.
(d)
The boiler act of 1965, 1965 PA 290, MCL 408.751 to
408.776.Article 9 of the skilled trades regulation
act, MCL
339.5901 to 339.5947.
(e) 1967 PA 227, MCL 408.801 to 408.824.
(f) 1937 PA 306, MCL 388.851 to 388.855a.
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.