STORM SHELTER REQUIREMENT

House Bill 5068 as introduced

Sponsor:  Rep. Beth Griffin

Committee:  Regulatory Reform

Complete to 10-17-17

SUMMARY:

House Bill 5068 would amend the Stille-DeRossett-Hale Single State Construction Code to specify that the code could not require the building of storm shelters when constructing public schools or critical governmental emergency operations buildings in the state.

MCL 125.1504

BACKGROUND INFORMATION:

The Michigan construction code consists of the International Building Code (IBC) and several other international and national codes relating to the building trades.  Michigan’s Construction Code authorizes the director of the Department of Licensing and Regulatory Affairs (LARA) to adopt all or any part of the international and national building codes or the standards contained within the codes by reference.

The International Building Code was updated in 2015 with the provisions taking effect in Michigan on April 20, 2017.  The 2015 IBC included new provisions requiring public schools (K-12) and governmental emergency operations buildings (e.g., 9-1-1 centers and fire stations) to build storm shelters capable of withstanding winds in excess of 250 mph (the strongest of tornados).  The new requirement applies to new construction as well as to renovations, alternations, and improvements to existing buildings.

An emergency rule by LARA to block enactment of the storm shelter requirement took effect June 13^th of this year and will expire on December 13, 2017.  An amendment to R 408.30401 to permanently exclude the sections of 2015 IBC relating to the storm shelter requirement has been proposed by LARA and submitted to the Joint Committee on Administrative Rules.

FISCAL IMPACT:

House Bill 5068 would not have a significant fiscal impact on state government, but would likely lead to significant cost avoidance for local units of government, including school districts. The magnitude of the potential costs savings is indeterminate, and would depend on the number of projects that would have been required to include storm shelters and the cost of constructing such shelters.

                                                                                         Legislative Analyst:   Susan Stutzky

                                                                                                 Fiscal Analyst:   Marcus Coffin

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.