January 10, 2018, Introduced by Reps. Iden, Bellino, Kesto, Crawford, Griffin, Webber, Brann and McCready 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 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.
(c) To permit to the fullest extent feasible the use of modern
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.Subject
to
subsection (5), before promulgation of a new edition of a code
described in subsection (2), the director shall appoint separate
advisory committees for each of the codes listed in subsection (2).
Membership in each of the separate advisory committees shall be as
follows:
(a) The advisory committee for the international building code
shall be composed of the following members appointed by the
director:
(i) Two representatives from fire services.
(ii) Two licensed architects.
(iii) One licensed structural engineer.
(iv) Three registered building officials or inspectors.
(v) One registered plan reviewer.
(vi) Two commercial contractors.
(vii) One multifamily contractor.
(viii) Two building owners or managers.
(ix) One representative of persons with disabilities.
(x) The chief of the building division or his or her
representative who shall serve as a nonvoting member of the
advisory committee.
(b) The advisory committee for the national electrical code
shall be composed of the following members appointed by the
director:
(i) One licensed electrical contractor.
(ii) One journeyperson electrician.
(iii) One master electrician.
(iv) Two registered electrical inspectors.
(v) One building owner or manager.
(vi) One commercial contractor.
(vii) The chief of the electrical division or his or her
representative who shall serve as a nonvoting member of the
advisory committee.
(c) The advisory committee for the commercial chapters of the
international energy conservation code shall be composed of the
following members appointed by the director:
(i) One energy rater or modeler.
(ii) Three licensed architects.
(iii) One licensed structural engineer.
(iv) One licensed electrical contractor.
(v) One licensed mechanical contractor.
(vi) Three registered building officials or inspectors.
(vii) One commercial contractor.
(viii) One multifamily contractor.
(ix) One building owner or manager.
(x) One electrical utility representative.
(xi) One gas utility representative.
(xii) The director of the Michigan agency for energy or his or
her representative who shall serve as a nonvoting member of the
advisory committee.
(d) The advisory committee for the international existing
building code shall be composed of the following members appointed
by the director:
(i) Two representatives from fire services.
(ii) One licensed architect.
(iii) One licensed structural engineer.
(iv) One licensed electrical contractor.
(v) One registered plan reviewer.
(vi) Two registered building officials or inspectors.
(vii) One representative of persons with disabilities.
(viii) One contractor specializing in renovation and
rehabilitation of existing buildings.
(ix) One building owner or manager.
(x) The chief of the plan review division or a representative
shall serve as a nonvoting member of the committee.
(e) The advisory committee for the international mechanical
code shall be composed of the following members appointed by the
director:
(i) One licensed professional mechanical engineer.
(ii) Three licensed mechanical contractors.
(iii) Two registered mechanical inspectors.
(iv) One building owner or manager.
(v) The chief of the mechanical division or his or her
representative who shall serve as a nonvoting member of the
advisory committee.
(f) The advisory committee for the international plumbing code
shall be composed of the following members appointed by the
director:
(i) Two licensed master plumbers.
(ii) Three registered plumbing inspectors.
(iii) One building owner or manager.
(iv) One plumbing contractor.
(v) The chief of the plumbing division or his or her
representative who shall serve as a nonvoting member of the
advisory committee.
(g) The advisory committee for all chapters of the
international residential code shall be composed of the following
members appointed by the director:
(i) One licensed architect.
(ii) One licensed structural engineer.
(iii) One representative from fire services.
(iv) One licensed electrical contractor.
(v) One licensed mechanical contractor.
(vi) One licensed plumbing contractor.
(vii) One licensed residential builder specializing in new
construction.
(viii) One licensed builder specializing in remodeling,
renovation, or rehabilitation.
(ix) One contractor specializing in multifamily housing.
(x) Three registered building officials or inspectors.
(xi) One registered plan reviewer.
(xii) One energy rater or modeler.
(xiii) One representative of persons with disabilities.
(xiv) The chief of the building division or his or her
representative who shall serve as a nonvoting member of the
advisory committee.
(5) Representatives from companies engaged in the manufacture,
promotion, or sale of materials or components used in construction
may not serve on an advisory committee. Individuals may be
appointed to serve on more than 1 advisory committee.
(6) A notice of the time and place of meetings of the advisory
committees along with an agenda shall be posted on the department's
website at least 5 business days in advance of the meeting. The
notice shall specify the date, time, and place of the meeting. All
meetings shall be held in a place available to the general public.
All persons shall be permitted to attend any meeting. At any such
meeting all persons desiring to do so shall be afforded a
reasonable opportunity to present their views on the matters before
the advisory committee at that meeting prior to any vote on that
matter.
(7) Using the existing promulgated Michigan code in effect at
the time of the review as their base document, the advisory
committees will review and compare the new edition of their
assigned model code to the existing Michigan code as well as
considering any proposal submitted for revision or amendment to the
newest edition of the model code.
(8) Each advisory committee shall prepare a report for the
director's consideration. The report shall be submitted to the
director and shall contain the advisory committee's recommendations
for changes to the existing Michigan code in effect at the time of
the review, including the adoption of any new language or
requirements from the latest edition of the relevant model code. In
making its recommendations, the advisory committee shall consider
all of the following:
(a) The reason for each proposed revision or amendment.
(b) The demonstrated need in Michigan for each proposed
revision or amendment.
(c) The impact that the revision or amendment may have upon
the health, safety, and welfare of the public.
(d) The economic reasonableness and financial impact of the
revision or amendment.
(e) The technical feasibility of the revision or amendment.
(9) Each committee shall vote publicly and by roll call on
each proposed revision or amendment. A majority of those present
and casting votes is needed to approve any revision or amendment.
All votes shall be posted on the department's website within 48
hours of each meeting.
(10) The director shall consider all submissions and
recommendations from the advisory committees. However, the director
has final responsibility for the promulgation of the code.
(11) (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.
(12) (6)
Within 90 days after the effective date of the 2012
act
that amended this section, Not
later than June 28, 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.
(13) (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.
(14) (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.