HOUSE BILL No. 5060
July 16, 1997, Introduced by Reps. Cropsey, Kukuk, McBryde and Lowe and referred to the Committee on Regulatory Affairs.
A bill to amend 1972 PA 230, entitled
"State construction code act of 1972,"
by amending sections 2, 9, 14, and 22 (MCL 125.1502, 125.1509,
125.1514, and 125.1522), sections 2 and 22 as amended by 1980 PA
371 and section 9 as amended by 1994 PA 22.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 2. (1) As used in this act:
2 (a) "Agricultural or agricultural purposes" means of, or
3 pertaining to, or connected with, or engaged in agriculture or
4 tillage which THAT is characterized by the act or business of
5 cultivating or using land and soil for the production of crops
6 for the use of animals or humans, and includes, but is not
7 limited to, purposes related to agriculture, farming, dairying,
8 pasturage, horticulture, floriculture, viticulture, and animal
9 and poultry husbandry.
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1 (b) "Application for a building permit" means an application
2 for a building permit submitted to an enforcing agency pursuant
3 to UNDER this act and plans, specifications, surveys, state-
4 ments, and other material submitted to the enforcing agency
5 together or in connection with the application.
6 (c) "Barrier free design" means design complying with legal
7 requirements for architectural designs which THAT eliminate the
8 type of barriers and hindrances that deter handicappers from
9 having access to and free mobility in and around a building or
10 structure.
11 (d) "Board of appeals" means the construction board of
12 appeals of a governmental subdivision provided for in section
13 14.
14 (e) "Boards" means the state plumbing and electrical admin-
15 istrative boards and the barrier free design board provided for
16 in Act No. 1 of the Public Acts of 1966, as amended, being sec-
17 tions 125.1351 to 125.1356 of the Michigan Compiled Laws 1966 PA
18 1, MCL 125.1351 TO 125.1356.
19 (f) "Building" means a combination of materials, whether
20 portable or fixed, forming a structure affording a facility or
21 shelter for use or occupancy by persons, animals, or property.
22 The term does not include a building incidental to the use for
23 agricultural purposes of the land on which the building is
24 located if it is not used in the business of retail trade. The
25 term shall be construed as though followed by the words "or part
26 or parts of the building and all equipment in the building"
27 unless the context clearly requires a different meaning.
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1 (g) "Building envelope" means the elements of a building
2 which THAT enclose conditioned spaces through which thermal
3 energy may be transferred to or from the exterior.
4 (h) "Business day" means a day of the year, exclusive of a
5 Saturday, Sunday, or legal holiday.
6 (i) "Chief elected official" means the chairperson of the
7 county board of commissioners, the city mayor, the village presi-
8 dent, or the township supervisor.
9 (j) "Code" means the state construction code OR ANY PART OF
10 THE CODE provided for in section 4. or a part thereof of limited
11 application, and includes a modification of or amendment to the
12 code.
13 (k) "Commission" means the state construction code commis-
14 sion created by section 3.
15 (l) "Construction" means the construction, erection, recon-
16 struction, alteration, conversion, demolition, repair, moving, or
17 equipping of buildings or structures.
18 (m) "Construction regulation" means a law, act, rule, reso-
19 lution, regulation, ordinance, or code, general or special, or
20 compilation thereof, heretofore or hereafter enacted or adopted
21 , by this BY THE state or a county, city, village, or township
22 including a department, board, bureau, commission, or other
23 agency thereof, relating to the design, construction, or use of
24 buildings and structures and the installation of equipment in the
25 building or structure. Construction regulation does not include
26 a zoning ordinance or rule issued pursuant to UNDER a zoning
27 ordinance and related to zoning.
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1 (n) "Department" means the department of labor.
2 (o) "Director" means the director of labor or an authorized
3 representative of the director.
4 (p) "Energy conservation" means the efficient use of energy
5 by providing building envelopes with high thermal resistance and
6 low air leakage, and the selection of energy efficient mechani-
7 cal, electrical service, and illumination systems, equipment,
8 devices, or apparatus.
9 (q) "Enforcing agency" means the enforcing agency, in
10 accordance with section 8 or 9, which THAT is responsible for
11 administration and enforcement of a nationally recognized model
12 code or this act and the code within a governmental subdivision,
13 except for the purposes of section 19 enforcing agency means the
14 agency in a governmental unit principally responsible for the
15 administration and enforcement of applicable construction
16 regulations.
17 (r) "Equipment" means plumbing, heating, electrical, venti-
18 lating, air conditioning, and refrigerating equipment.
19 (s) "Executive director" means the director of the bureau of
20 construction codes as set forth under section 7.
21 (t) "Governmental subdivision" means a county, city, vil-
22 lage, or township which in accordance with section 8 or 9 has
23 assumed responsibility for the administration and enforcement of
24 a nationally recognized model code or this act and the code
25 within its jurisdiction.
26 (u) "Handicapper" means a person whose physical
27 characteristics have a particular relationship to that person's
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1 ability to be self-reliant in the person's movement throughout
2 and use of the building environment.
3 (v) "Mobile home" means a vehicular, portable structure
4 built on a chassis and designed to be used without a permanent
5 foundation as a dwelling when connected to required utilities and
6 which is, or is intended to be, attached to the ground, to
7 another structure, or to a utility system on the same premises
8 for more than 30 consecutive days.
9 (w) "Other laws and ordinances" means other laws and ordi-
10 nances, whether enacted by this state or by a county, city, vil-
11 lage, or township and the rules issued thereunder UNDER THOSE
12 LAWS AND ORDINANCES.
13 (x) "Owner" means the owner of the freehold of the premises
14 or lesser estate in the premises, a mortgagee or vendee in pos-
15 session, an assignee of rents, receiver, executor, trustee,
16 lessee, or any other person, sole proprietorship, partnership,
17 association, or corporation directly or indirectly in control of
18 a building, structure, or real property or his or her duly autho-
19 rized agent.
20 (y) "Premanufactured unit" means an assembly of materials or
21 products intended to comprise all or part of a building or struc-
22 ture, and which is assembled at A LOCATION other than the final
23 location of the unit of the building or structures by a repeti-
24 tive process under circumstances intended to insure uniformity of
25 quality and material content. Premanufactured unit includes a
26 mobile home.
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1 (Z) "PUBLIC AGENT" MEANS A PERSON APPOINTED BY A
2 GOVERNMENTAL SUBDIVISION TO ADMINISTER AND ENFORCE THE CODE AND
3 WHO HAS COMPLETED THE FOLLOWING TRAINING PROGRAMS CONDUCTED BY
4 THE COMMISSION:
5 (A) AN INITIAL TRAINING PROGRAM OF NOT LESS THAN 7 HOURS
6 THAT INCLUDES, BUT IS NOT LIMITED TO, ALL OF THE FOLLOWING:
7 (i) CODE ADMINISTRATION.
8 (ii) BOARD OF APPEALS ACTIONS.
9 (iii) LICENSING REQUIREMENTS FOR PRACTITIONERS.
10 (iv) PERMIT ISSUANCE.
11 (v) CERTIFICATES OF OCCUPANCY.
12 (vi) NOTICES OF VIOLATION.
13 (B) AN ANNUAL TRAINING PROGRAM OF NOT LESS THAN 2 HOURS THAT
14 INCLUDES, BUT IS NOT LIMITED TO, LEGISLATIVE AND RULE UPDATES
15 AFFECTING THE ADMINISTRATION AND ENFORCEMENT OF THIS ACT OR
16 CODE.
17 (AA) "RESIDENTIAL STRUCTURE" MEANS A DETACHED 1 OR 2 FAMILY
18 DWELLING OR A 1 FAMILY TOWN HOUSE THAT IS NOT MORE THAN 3 STORIES
19 AND ANY ACCESSORY STRUCTURES.
20 (BB) (z) "Structure" means that which is built or con-
21 structed, an edifice or building of any kind, or a piece of work
22 artificially built up or composed of parts joined together in
23 some definite manner. Structure does not include a structure
24 incident to the use for agricultural purposes of the land on
25 which the structure is located and does not include works of
26 heavy civil construction including without limitation, a highway,
27 bridge, dam, reservoir, lock, mine, harbor, dockside port
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1 facility, an airport landing facility and facilities for the
2 generation, or transmission, or distribution of electricity.
3 Structure shall be construed as though followed by the words "or
4 part or parts of the structure and all equipment in the
5 structure" unless the context clearly indicates otherwise.
6 (2) Unless the context clearly indicates otherwise, refer-
7 ences to this act, or to this act and the code, shall refer to
8 this act and rules promulgated pursuant to UNDER this act
9 including the code.
10 Sec. 9. (1) Except as otherwise provided in this section,
11 the executive director is responsible for administration and
12 enforcement of SHALL ADMINISTER AND ENFORCE this act and the
13 code.
14 (2) A governmental subdivision may by ordinance assume
15 responsibility for administration and enforcement of this act
16 within its political boundary. A county ordinance adopted
17 pursuant to UNDER this act SUBSECTION shall be adopted by the
18 county board of commissioners, and shall be signed by the
19 chairperson of the county board of commissioners, and certified
20 by the county clerk.
21 (3) (2) A governmental subdivision that has assumed the
22 responsibility for administering and enforcing this act and the
23 code may through its chief legal officer issue a complaint and
24 obtain a warrant for a violation of this act or the code and
25 prosecute the violation with the same power and authority it
26 possesses IN THE SAME MANNER in prosecuting a local ordinance
27 violation. If pursuant to UNDER section 23, a governmental
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1 subdivision has by ordinance designated a violation of the THIS
2 act or code as a municipal civil infraction, the governmental
3 subdivision may issue a citation or municipal ordinance violation
4 notice pursuant to UNDER chapter 87 of the revised judicature
5 act of 1961, Act No. 236 of the Public Acts of 1961, being sec-
6 tions 600.8701 to 600.8733 of the Michigan Compiled Laws, for a
7 violation of the act or code 1961 PA 236, MCL 600.8701 TO
8 600.8733. Unless otherwise provided by local law or ordinance,
9 the legislative body of a governmental subdivision responsible
10 for administration and enforcement of this act and the code shall
11 designate an enforcing agency that shall TO discharge the
12 responsibilities of the governmental subdivision under this act.
13 Governmental subdivisions may provide by agreement for joint
14 enforcement of this act.
15 (4) (3) Subject to the other provisions of this act, an AN
16 enforcing agency is any BUILDING official or PUBLIC agent of a
17 governmental subdivision. qualified by experience or training to
18 perform the duties associated with construction code administra-
19 tion and enforcement. THE OFFICIAL OR PUBLIC AGENT ACTING AS THE
20 ENFORCING AGENCY TO ADMINISTER AND ENFORCE THE CODE IS THE FINAL
21 DECISION MAKING AUTHORITY WITHIN THE GOVERNMENTAL SUBDIVISION FOR
22 THE ISSUANCE AND REVOCATION OF PERMITS, CORRECTION NOTICES, CER-
23 TIFICATES OF OCCUPANCY, STOP WORK NOTICES, AND OTHER SIMILAR
24 ACTIONS. THE DECISION OF THE OFFICIAL OR PUBLIC AGENT IS APPEAL-
25 ABLE TO THE CONSTRUCTION BOARD OF APPEALS UNDER SECTION 14.
26 (4) Before January 10, 1981, the executive director shall
27 provide each governmental subdivision administering and enforcing
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1 this act and the code with a notice of intent form. This form
2 shall set forth the date return receipt is required, which date
3 shall not be less than 60 days. The chief elected official of
4 the governmental subdivision that receives this notice shall
5 indicate on the form the intention of the governmental subdivi-
6 sion as to whether it shall continue to administer and enforce
7 this act and the code and transmit this notice to the executive
8 director within the prescribed period. If a governmental subdi-
9 vision fails to submit a notice of intent to continue to adminis-
10 ter and enforce this act and the code within the date set forth
11 in the notice, the executive director shall send a notice by reg-
12 istered mail to the clerk of that governmental subdivision. This
13 notice shall indicate that the governmental subdivision has 15
14 additional days in which to submit a notice of intent to continue
15 to administer and enforce this act and the code. If the govern-
16 mental subdivision does not respond by the end of the 15 addi-
17 tional days, it shall be conclusively presumed that the govern-
18 mental subdivision does not intend to continue to administer and
19 enforce this act and the code and the executive director shall
20 assume the responsibility for administering and enforcing this
21 act and the code in that governmental subdivision, unless the
22 county within which the governmental subdivision is located sub-
23 mits a notice of intent to continue to administer and enforce
24 this act and the code.
25 (5) THE ENFORCING AGENCY IN ADMINISTERING THE CODE SHALL
26 BASE ITS DECISION ON EITHER OF THE FOLLOWING:
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1 (A) THE RECOMMENDATION OF A BUILDING OFFICIAL OR PUBLIC
2 AGENT THAT IS REGISTERED UNDER THE BUILDING OFFICIALS AND
3 INSPECTORS REGISTRATION ACT, 1986 PA 54, MCL 338.2301 TO
4 338.2313.
5 (B) THE TECHNICAL ADVICE AND ASSISTANCE OF A PRIVATE INDI-
6 VIDUAL WHO IS A REGISTERED INSPECTOR OR PLAN REVIEWER REGISTERED
7 UNDER THE BUILDING OFFICIALS AND INSPECTORS REGISTRATION ACT,
8 1986 PA 54, MCL 338.2301 TO 338.2313.
9 (6) AN OFFICIAL OR PUBLIC AGENT SHALL NOT BE DIRECTLY OR
10 INDIRECTLY AN OFFICER, DIRECTOR, STOCKHOLDER, OR EMPLOYEE OF ANY
11 PRIVATE ENTITY OR INDIVIDUAL PROVIDING THE GOVERNMENTAL SUBDIVI-
12 SION WITH ADMINISTRATIVE, PLAN REVIEW, OR FIELD INSPECTION SERV-
13 ICES OR TECHNICAL ADVICE AND ASSISTANCE. AN OFFICIAL OR PUBLIC
14 AGENT SHALL NOT RECEIVE DIRECTLY OR INDIRECTLY ANY FEE, PERQUI-
15 SITE, REWARD, EMOLUMENT, OR OTHER COMPENSATION OR FINANCIAL BENE-
16 FIT FROM ANY PRIVATE ENTITY OR INDIVIDUAL PROVIDING THE GOVERN-
17 MENTAL SUBDIVISION WITH ADMINISTRATIVE, PLAN REVIEW, OR FIELD
18 INSPECTION SERVICES OR TECHNICAL ADVICE AND ASSISTANCE.
19 (7) (5) A county that is administering and enforcing this
20 act and the code on December 30, 1980 and that submits a notice
21 of intent to continue to administer and enforce this act and the
22 code pursuant to subsection (4) is responsible for the adminis-
23 tration and enforcement of this act and the code for each govern-
24 mental subdivision within the county that does not submit a
25 notice of intent to continue to administer and enforce this act
26 and the code or another nationally recognized model code within
27 its jurisdiction. The executive director shall notify the
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1 county of those governmental subdivisions that do not submit a
2 notice of intent.
3 (8) (6) A governmental subdivision that , before
4 December 30, 1980, did DOES not administer and enforce either
5 this act and the code or another nationally recognized model code
6 may elect to assume the responsibility for the administration and
7 enforcement of this act and the code pursuant to UNDER subsec-
8 tion (1) (2) by the passage of an ordinance. to that effect.
9 A governmental subdivision that makes this election after
10 December 30, 1980 shall submit, in addition to the ordinance, an
11 application to the commission for approval to administer and
12 enforce this act and the code within its jurisdiction. This
13 application shall be made on the proper form to be provided by
14 the commission. The standards for approval shall include, but
15 not be limited to, the certification by the governmental subdivi-
16 sion that the enforcing agency is qualified by experience or
17 training to administer and enforce this act and the code and all
18 related acts and rules, that agency personnel are provided as
19 necessary, that administrative services are provided, that plan
20 review services are provided, and that timely field inspection
21 services will be provided. The executive director shall seek
22 MAY REQUEST additional information if the executive director con-
23 siders it necessary.
24 (9) The commission shall render a decision on the applica-
25 tion for approval to administer and enforce this act and the code
26 and transmit its findings to the governmental subdivision within
27 90 days of AFTER receipt of the application. The commission
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