HOUSE BILL No. 5068

October 5, 2017, Introduced by Reps. Griffin, Iden, Reilly, LaFave, Crawford and Kelly 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 section 4 (MCL 125.1504), as amended by 2012 PA 504.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 4. (1) The director shall prepare and promulgate the

state construction code consisting of rules governing the

construction, use, and occupation of buildings and structures,

including land area incidental to the buildings and structures, the

manufacture and installation of building components and equipment,

the construction and installation of premanufactured units, the

standards and requirements for materials to be used in connection

with the units, and other requirements relating to the safety,

including safety from fire, and sanitation facilities of the

buildings and structures.

(2) ~~The~~ Except as otherwise provided in this section, the code

shall consist of the international residential code, the

international building code, the international mechanical code, the

international plumbing code, the international existing building

code, and the international energy conservation code published by

the international code council and the national electrical code

published by the national fire prevention association, with

amendments, additions, or deletions as the director determines

appropriate. The director may adopt all or any part of these codes

or the standards contained within these codes by reference.

(3) The code shall be designed to effectuate the general

purposes of this act and the following objectives and standards:

(a) To provide standards and requirements for construction and

construction materials consistent with nationally recognized

standards and requirements.

(b) To formulate standards and requirements, to the extent

practicable in terms of performance objectives, so as to make

adequate performance for the use intended the test of

acceptability.

technical methods, devices, and improvements, including

premanufactured units, consistent with reasonable requirements for

the health, safety, and welfare of the occupants and users of

buildings and structures.

(d) To eliminate restrictive, obsolete, conflicting, or

unnecessary construction regulations that tend to increase

construction costs unnecessarily or restrict the use of new

materials, products, or methods of construction, or provide

preferential treatment to types or classes of materials or products

or methods of construction.

(e) To ensure adequate maintenance of buildings and structures

throughout this state and to adequately protect the health, safety,

and welfare of the people.

(f) To provide standards and requirements for cost-effective

energy efficiency that will be effective April 1, 1997.

(g) Upon periodic review, to continue to seek ever-improving,

cost-effective energy efficiencies.

(h) To develop a voluntary consumer information system

relating to energy efficiencies.

(4) The code shall be divided into sections as the director

considers appropriate including, without limitation, building,

plumbing, electrical, and mechanical sections. The boards shall

participate in and work with the staff of the director in the

preparation of parts relating to their functions. Before the

promulgation of an amendment to the code, the boards whose

functions relate to that code may draft and recommend to the

director proposed language. The director shall consider all

submissions by the boards. However, the director has final

responsibility for the promulgation of the code.

(5) The director shall add, amend, and rescind rules to update

the Michigan building code, the Michigan mechanical code, the

Michigan plumbing code, the Michigan rehabilitation code for

existing buildings, the Michigan electrical code, and the

commercial chapters of the Michigan energy code not less than once

every 3 years to coincide with the national code change cycle.

(6) ~~Within 90 days after the effective date of the 2012 act~~

~~that amended this section,~~ Not later than June 26, 2013, the

director shall begin the process to add, amend, or rescind rules to

update the 2009 Michigan residential code, including the

residential energy code chapter. Commencing with the 2015 national

code change cycle, the director shall add, amend, and rescind rules

to simultaneously update all chapters of the Michigan residential

code not less frequently than once every 6 years or more frequently

than once every 3 years as the director determines is appropriate.

Not more than 200 days after the printed publication of the latest

edition of the international residential code book is made

available to the general public, the director shall hold a public

meeting in Lansing and offer persons an opportunity to present data

and comments on the general need to update the Michigan residential

code. The department shall give 30 days' advance notice of a

meeting under this subsection on the department's website. Not more

than 30 days after the meeting, the director shall issue a written

determination whether to update the Michigan residential code. The

department shall post notice of the determination on its website

for at least 45 days.

(7) If the director makes the determination not to update the

Michigan residential code, a person may, within 45 days after the

determination, request the director to promulgate a rule to amend a

section or sections of the Michigan residential code. Within 90

days after the filing of a request, the director shall initiate the

processing of a rule or shall issue to the requestor a concise

written statement of the principal reasons for denial of the

request and post the denial statement on the department's website

until the Michigan residential code is next updated. The denial of

the request is not subject to judicial review.

(8) Before the Michigan building code, the Michigan

residential code, the Michigan plumbing code, the Michigan

mechanical code, the Michigan uniform energy code, and the Michigan

rehabilitation code may be enforced, the director shall make each

Michigan-specific code available to the general public for at least

45 days in printed, electronic, or other form that does not require

the user to purchase additional documents or data in any form in

order to have an updated complete version of each specific code,

excluding other referenced standards within each code. This

subsection does not apply to any code effective before April 1,

2005. If the Michigan residential code is updated on a 6-year

cycle, then use of a material, product, method of manufacture, or

method or manner of construction or installation provided for in an

interim edition of the international residential code is authorized

throughout this state and shall be permitted, but shall not be

mandated, by an enforcing agency or its building official or

inspectors. However, the enforcing agency or its building official

or inspectors may require that if such a material, product, method

of manufacture, or method or manner of construction or installation

provided for in an interim edition of the international residential

code is used, the use shall comply with all applicable requirements

set forth in the interim edition of the international residential

code.

(9) The code shall not require the building of storm shelters