SENATE BILL NO. 1374
December 2, 1998, Introduced by Senator STILLE and referred to the Committee on Human Resources, Labor and Veterans Affairs. A bill to amend 1972 PA 230, entitled "State construction code act of 1972," by amending the title and sections 2, 3, 7, 8, 9, 9a, and 22 (MCL 125.1502, 125.1503, 125.1507, 125.1508, 125.1509, 125.1509a, and 125.1522), the title as amended by 1995 PA 270, section 2 as amended by 1998 PA 42, section 3 as amended by 1984 PA 189, sec- tion 8 as amended by 1994 PA 128, section 9 as amended by 1994 PA 22, and section 9a as added and section 22 as amended by 1980 PA 371. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 TITLE 2 An act to create a construction code commission and pre- 3 scribe its functions; to authorize the commission to promulgate 4 rules with recommendations from each affected board relating to 5 the construction, alteration, demolition, occupancy, and use of 06791'98 LBO 2 1 buildings and structures; to prescribe energy conservation 2 standards for the construction of certain buildings; to provide 3 for statewide approval of premanufactured units; to provide for 4 the testing of new devices, materials, and techniques for the 5 construction of buildings and structures; to define the classes 6 of buildings and structures affected by the act; to provide that 7 governmental subdivisions may with exceptions elect not to be 8 subject to certain parts of the act; to provide for administra- 9 tion and enforcement of the act; to create a state construction 10 code fund; to prohibit certain conduct; to establish PENALTIES, 11 remedies, and sanctions for violations of the act; to repeal acts 12 and parts of acts; and to provide an appropriation. 13 Sec. 2. (1) As used in this act: 14 (a) "Agricultural or agricultural purposes" means of, or 15 pertaining to, or connected with, or engaged in agriculture or 16 tillage which is characterized by the act or business of culti- 17 vating or using land and soil for the production of crops for the 18 use of animals or humans, and includes, but is not limited to, 19 purposes related to agriculture, farming, dairying, pasturage, 20 horticulture, floriculture, viticulture, and animal and poultry 21 husbandry. 22 (b) "Application for a building permit" means an application 23 for a building permit submitted to an enforcing agency pursuant 24 to this act and plans, specifications, surveys, statements, and 25 other material submitted to the enforcing agency together or in 26 connection with the application. 06791'98 3 1 (c) "Barrier free design" means design complying with legal 2 requirements for architectural designs which eliminate the type 3 of barriers and hindrances that deter persons with disabilities 4 from having access to and free mobility in and around a building 5 or structure. 6 (d) "Board of appeals" means the construction board of 7 appeals of a governmental subdivision provided for in section 8 14. 9 (e) "Boards" means the state plumbing and electrical admin- 10 istrative boards and the barrier free design board created in 11 section 5 of 1966 PA 1, MCL 125.1355. 12 (f) "Building" means a combination of materials, whether 13 portable or fixed, forming a structure affording a facility or 14 shelter for use or occupancy by persons, animals, or property. 15 The term BUILDING does not include a building incidental to the 16 use for agricultural purposes of the land on which the building 17 is located if it is not used in the business of retail trade. 18 The term shall be construed as though followed by the words 19 BUILDING INCLUDES THE MEANING "or part or parts of the building 20 and all equipment in the building" unless the context clearly 21 requires a different meaning. 22 (g) "Building envelope" means the elements of a building 23 which enclose conditioned spaces through which thermal energy may 24 be transferred to or from the exterior. 25 (h) "Business day" means a day of the year, exclusive of a 26 Saturday, Sunday, or legal holiday. 06791'98 4 1 (i) "Chief elected official" means the chairperson of the 2 county board of commissioners, the city mayor, the village 3 president, or the township supervisor. 4 (j) "Code" means the state construction code provided for in 5 section 4 or a part thereof OF THAT CODE of limited application 6 , and includes a modification of or amendment to the code. 7 (k) "Commission" means the state construction code commis- 8 sion created by section 3. 9 (l) "Construction" means the construction, erection, recon- 10 struction, alteration, conversion, demolition, repair, moving, or 11 equipping of buildings or structures. 12 (m) "Construction regulation" means a law, act, rule, 13 resolution, regulation, ordinance, or code, general or spe- 14 cial, or compilation thereof, heretofore or hereafter enacted 15 or adopted BEFORE OR AFTER JANUARY 1, 1973, by this state or a 16 county, city, village, or township including a department, 17 board, bureau, commission, or other agency thereof, relating to 18 the design, construction, or use of buildings and structures and 19 the installation of equipment in the building or structure. 20 Construction regulation does not include a zoning ordinance or 21 rule issued pursuant to a zoning ordinance and related to 22 zoning. 23 (n) "Department" means the department of labor CONSUMER 24 AND INDUSTRY SERVICES. 25 (o) "Director" means the director of labor THE DEPARTMENT 26 or an authorized representative of the director. 06791'98 5 1 (p) "Energy conservation" means the efficient use of energy 2 by providing building envelopes with high thermal resistance and 3 low air leakage, and the selection of energy efficient mechani- 4 cal, electrical service, and illumination systems, equipment, 5 devices, or apparatus. 6 (q) "Enforcing agency" means the enforcing agency, in 7 accordance with section 8 or 9, which is responsible for adminis- 8 tration and enforcement of a nationally recognized model code or 9 this act and the code within a governmental subdivision, except 10 for the purposes of section 19 enforcing agency means the agency 11 in a governmental unit principally responsible for the adminis- 12 tration and enforcement of applicable construction regulations. 13 (r) "Equipment" means plumbing, heating, electrical, venti- 14 lating, air conditioning, and refrigerating equipment. 15 (s) "Executive director" means the director of the bureau of 16 construction codes as set forth under section 7. 17 (t) "Governmental subdivision" means a county, city, vil- 18 lage, or township which in accordance with section 8 or 9 has 19 assumed responsibility for the administration and enforcement 20 of a nationally recognized model code or this act and the code 21 within its jurisdiction. 22 (u) "Mobile home" means a vehicular, portable structure 23 built on a chassis and designed to be used without a permanent 24 foundation as a dwelling when connected to required utilities and 25 which is, or is intended to be, attached to the ground, to 26 another structure, or to a utility system on the same premises 27 for more than 30 consecutive days. 06791'98 6 1 (v) "Other laws and ordinances" means other laws and 2 ordinances , whether enacted by this state or by a county, 3 city, village, or township and the rules issued thereunder 4 UNDER THOSE LAWS AND ORDINANCES. 5 (w) "Owner" means the owner of the freehold of the premises 6 or lesser estate in the premises, a mortgagee or vendee in pos- 7 session, an assignee of rents, receiver, executor, trustee, 8 lessee, or any other person, sole proprietorship, partnership, 9 association, or corporation directly or indirectly in control of 10 a building, structure, or real property or his or her duly autho- 11 rized agent. 12 (x) "Person with disabilities" means a individual whose 13 physical characteristics have a particular relationship to that 14 individual's ability to be self-reliant in the individual's move- 15 ment throughout and use of the building environment. 16 (y) "Premanufactured unit" means an assembly of materials or 17 products intended to comprise all or part of a building or struc- 18 ture, and which is assembled at other than the final location of 19 the unit of the building or structures by a repetitive process 20 under circumstances intended to insure uniformity of quality and 21 material content. Premanufactured unit includes a mobile home. 22 (z) "Structure" means that which is built or constructed, an 23 edifice or building of any kind, or a piece of work artificially 24 built up or composed of parts joined together in some definite 25 manner. Structure does not include a structure incident to the 26 use for agricultural purposes of the land on which the structure 27 is located and does not include works of heavy civil construction 06791'98 7 1 including, without limitation BUT NOT LIMITED TO, a highway, 2 bridge, dam, reservoir, lock, mine, harbor, dockside port facili- 3 ty, an airport landing facility and facilities for the generation 4 or transmission, or distribution of electricity. Structure 5 shall be construed as though followed by the words INCLUDES THE 6 MEANING "or part or parts of the structure and all equipment in 7 the structure" unless the context clearly indicates otherwise 8 REQUIRES A DIFFERENT MEANING. 9 (2) Unless the context clearly indicates otherwise, refer- 10 ences to this act, or to this act and the code, shall refer to 11 this act and rules promulgated pursuant to this act including the 12 code. 13 Sec. 3. (1) The state construction code commission is cre- 14 ated and consists of the state fire marshal or the state fire 15 marshal's designee and the chairpersons of the barrier free 16 design board, the electrical administrative board, the state 17 plumbing board, and the board of mechanical rules, who shall be 18 permanent members, and 12 residents of the state to be appointed 19 by the governor with the advice and consent of the senate. 20 Appointed members of the commission shall include 1 person from 21 each of the fields of industrial management, architecture, pro- 22 fessional engineering, building contracting, organized labor, 23 premanufactured building, and 3 members representing municipal 24 building inspection, 1 of whom enforces this act and the code 25 IS AN INSPECTOR IN A TOWNSHIP, 1 of whom enforces the building 26 officials and code administrators building code IS AN INSPECTOR 27 IN A CITY OR VILLAGE, and 1 of whom enforces the international 06791'98 8 1 conference of building officials building code IS AN INSPECTOR 2 IN A COUNTY; 2 persons from the general public; and a licensed 3 residential builder. A member of the commission shall be 4 appointed for a term of 2 years, except that a vacancy shall be 5 filled for the unexpired portion of the term. A member of the 6 commission may be removed from office by the governor for ineffi- 7 ciency, neglect of duty, or misconduct or malfeasance in office. 8 A member of the commission who has a pecuniary interest in a 9 matter before the commission shall disclose the interest before 10 the commission takes action in the matter, which disclosures 11 shall be made a matter of record in its official proceedings. 12 Each member of the commission, except the state fire marshal or 13 the state fire marshal's designee, shall receive compensation and 14 actual expenses incurred by the member in the performance of the 15 duties as a member of the commission. The per diem compensation 16 of the members and the schedule for reimbursement of expenses 17 shall be established annually by the legislature. An appointed 18 member of the commission shall not serve more than 3 consecutive 19 terms. 20 (2) Nine members of the commission constitute a quorum. 21 Except as otherwise provided in the commission's bylaws, action 22 may be taken by the commission by vote of a majority of the mem- 23 bers present at a meeting. Meetings of the commission may be 24 called by the chairperson or by 3 members on 10 days' written 25 notice. Not less than 1 meeting shall be held each calendar 26 quarter. A meeting of the commission may be held anywhere in 27 this state. 06791'98 9 1 (3) The commission shall elect 1 member as chairperson, 2 another as vice-chairperson, and other officers as it determines 3 appropriate, for the terms and with the duties and powers as the 4 commission determines. The chairperson and vice-chairperson of 5 the commission shall be elected from those members appointed to 6 the commission by the governor. 7 (4) The commission shall be IS within the department of 8 labor, but it shall exercise its statutory functions indepen- 9 dently of the head of the department DIRECTOR, except that bud- 10 geting, personnel, and procurement functions of the commission 11 shall be performed under the direction and supervision of the 12 director. of labor. 13 (5) The business which the commission may perform shall be 14 conducted at a public meeting of the commission held in compli- 15 ance with the open meetings act, Act No. 267 of the Public Acts 16 of 1976, as amended, being sections 15.261 to 15.275 of the 17 Michigan Compiled Laws 1976 PA 267, MCL 15.261 TO 15.275. 18 Public notice of the time, date, and place of the meeting shall 19 be given in the manner required by Act No. 267 of the Public 20 Acts of 1976, as amended THE OPEN MEETINGS ACT, 1976 PA 267, MCL 21 15.261 TO 15.275. 22 (6) A writing prepared, owned, used, in the possession of, 23 or retained by the commission in the performance of an official 24 function shall be made available to the public in compliance with 25 the freedom of information act, Act No. 442 of the Public Acts 26 of 1976, as amended, being sections 15.231 to 15.246 of the 27 Michigan Compiled Laws 1976 PA 442, MCL 15.231 TO 15.246. 06791'98 10 1 Sec. 7. (1) After consultation and with the approval of 2 the commission, the director of labor shall appoint an execu- 3 tive director of the commission and may DO THE FOLLOWING: 4 (a) Subject to civil service requirements, appoint subordi- 5 nate officers and employees of the commission, including legal 6 counsel, and prescribe their duties and fix their compensation. 7 (b) Appoint or use experts, consultants, technical advisers, 8 and advisory committees for assistance and recommendations rela- 9 tive to preparation and promulgation of the code and to assist 10 the commission and the executive director in carrying out this 11 act. 12 (c) Subject to the advice of the commission, do those things 13 necessary or desirable to effectuate the general purposes and 14 specific objectives of this act. 15 (2) The director of labor shall cooperate with agencies of 16 the federal government, may enter into contracts to receive 17 funds, and may receive grants from the federal government to 18 carry out the purposes of this act. 19 Sec. 8. (1) This act and the code apply throughout the 20 state. , except that a governmental subdivision may elect to 21 exempt itself from certain parts of this act and the code by 22 adopting and enforcing a nationally recognized model building 23 code or other nationally recognized model codes. It is not nec- 24 essary for a governmental subdivision to elect to exempt itself 25 from every part of the code promulgated by the commission in 26 order to preserve its exemption election as to 1 or more 27 nationally recognized model codes. A governmental subdivision 06791'98 11 1 may make this election by the passage of an ordinance adopting by 2 reference or otherwise without amendment a nationally recognized 3 model building code or other nationally recognized model codes. 4 A county ordinance adopted pursuant to this act shall be adopted 5 by the county board of commissioners and shall be signed by the 6 chairperson of the county board of commissioners and certified by 7 the county clerk. A governmental subdivision that elects not to 8 be governed by certain parts of this act and the code shall 9 review and update its codes by amending its ordinance at least 10 once every 3 years by adopting without amendment all changes to 11 those codes and submitting a certified copy of the amended ordi- 12 nance to the commission. However, a governmental subdivision 13 adopting nationally recognized model codes may approve amendments 14 to those codes by ordinance. The amendments shall become effec- 15 tive 90 days after passage of the ordinance and 90 days after a 16 certified copy of the ordinance is delivered to the commission, 17 unless the commission determines after a public hearing that the 18 codes, as amended, do not adequately protect the health, safety, 19 or welfare of the people of the governmental subdivision, or that 20 the amendments tend to unnecessarily increase construction costs; 21 restrict the use of new materials, products, or methods of con- 22 struction; provide preferential treatment to types or classes of 23 materials, products, or methods of construction; or obstruct the 24 substantive uniformity of building codes within a region or 25 locality in the state. 26 (2) Within 10 days after December 30, 1980 THE EFFECTIVE 27 DATE OF THE AMENDATORY ACT THAT AMENDED THIS SUBSECTION, the 06791'98 12 1 executive director shall provide a notice of intent form to all 2 governmental subdivisions administering and enforcing a nation- 3 ally recognized model code OTHER THAN THE CODE ESTABLISHED BY THE 4 COMMISSION UNDER THIS ACT. This form shall set forth the date 5 return receipt is required, which date shall not be less than 60 6 days after receipt. The chief elected official of the governmen- 7 tal subdivision that receives this notice shall indicate on the 8 form the intention of the governmental subdivision as to whether 9 it shall continue to administer and enforce its THE code and 10 transmit this notice to the executive director within the pre- 11 scribed period. If a governmental subdivision fails to submit a 12 notice of intent to continue to administer and enforce its 13 THE code within the date set forth in the notice, the executive 14 director shall send a notice by registered mail to the clerk of 15 that governmental subdivision. The registered notice shall indi- 16 cate that the governmental subdivision has 15 additional days in 17 which to submit a notice of intent to continue to administer 18 and enforce its THE code. If the governmental subdivision does 19 not respond by the end of the 15 additional days, it shall be 20 conclusively presumed that the governmental subdivision does not 21 intend to continue to administer and enforce its THE code, 22 and the executive director shall assume the responsibility for 23 administering and enforcing this act and the code in that govern- 24 mental subdivision, unless the county within which that govern- 25 mental subdivision is located has submitted a notice of intent to 26 continue to administer and enforce this act and the code. 27 Governmental subdivisions may provide by agreement for joint 06791'98 13 1 enforcement of another nationally recognized model THE code. 2 adopted pursuant to subsection (1). 3 (3) A county that was administering and enforcing this act 4 and the code pursuant to section 9(1) on December 30, 1980, and 5 has submitted a notice of intent to continue to administer and 6 enforce the code to the executive director pursuant to section 9, 7 after December 30, 1980, may exempt itself pursuant to subsection 8 (1) by the passage of an ordinance adopting by reference or oth- 9 erwise without amendment a nationally recognized model building 10 code or other nationally recognized model codes. However, that 11 action shall not take effect until 90 days after passage of an 12 ordinance to that effect. Before the effective date of this 13 action and the effective date of the ordinance, a county that 14 proposes to adopt an ordinance to this effect shall file the pro- 15 posed ordinance for approval pursuant to subsection (1) with the 16 commission. The commission shall review the proposed ordinance. 17 If the commission does not approve or disapprove the proposed 18 ordinance within 90 days after it is filed with the commission, 19 the proposed ordinance shall be considered approved unless the 20 county grants the commission additional time to consider the pro- 21 posed ordinance. The executive director shall notify a county 22 that elects to exempt itself pursuant to subsection (1) of all 23 governmental subdivisions within their jurisdiction that have not 24 submitted a notice of intent to continue to administer and 25 enforce its code. It is the responsibility of that county to 26 administer and enforce that code for all of the governmental 27 subdivisions within the county that have not submitted a notice 06791'98 14 1 of intent to continue to administer and enforce its code within 2 its jurisdiction. A structure commenced under an effective code 3 shall be completed under that code. A county that elects to 4 exempt itself in accordance with this subsection may exercise the 5 option to administer and enforce this act and the code pursuant 6 to section 9(1). However, the exercise of this election to 7 administer and enforce this act and the code shall not take 8 effect until 6 months after passage of an ordinance to that 9 effect. 10 (3) (4) A governmental subdivision that has elected to 11 assume responsibility for the administration and enforcement of 12 this act and the code, and has submitted a notice of intent to 13 continue to administer and enforce the code to the executive 14 director pursuant to section 9, after December 30, 1980 THE 15 EFFECTIVE DATE OF THE AMENDATORY ACT THAT AMENDED THIS 16 SUBSECTION, may reverse that election. and exempt itself pursu- 17 ant to subsection (1) by the passage of an ordinance adopting by 18 reference or otherwise without amendment a nationally recognized 19 model building code or other nationally recognized model codes. 20 However, that action shall not take effect until 90 days after 21 passage of an ordinance to that effect. Before the effective 22 date of this action and the effective date of the ordinance, a 23 governmental subdivision that proposes to adopt an ordinance to 24 this effect shall file the proposed ordinance for approval pursu- 25 ant to subsection (1) with the commission. The commission shall 26 review the proposed ordinance. If the commission does not 27 approve or disapprove the proposed ordinance within 90 days after 06791'98 15 1 it is filed with the commission, the proposed ordinance shall be 2 considered approved unless the governmental subdivision grants 3 the commission additional time to consider the proposed 4 ordinance. A structure commenced under an effective code shall 5 be completed under that code. A governmental subdivision that 6 elects to exempt itself in accordance with this subsection may 7 exercise the option to make itself subject to this act and the 8 code pursuant to section 9(1). However, the exercise of this 9 election to be subject to this act and the code shall not take 10 effect until 6 months after passage of an ordinance to that 11 effect. 12 (4) (5) A governmental subdivision that, BEFORE THE EFFEC- 13 TIVE DATE OF THE AMENDATORY ACT THAT AMENDED THIS SUBSECTION, has 14 elected to exempt itself pursuant to subsection (1) may reverse 15 that election, making itself subject to the act and the code. 16 However, that action shall not take effect until 60 days after 17 passage of an ordinance to that effect. A structure commenced 18 under an effective code shall be completed under that code. A 19 governmental subdivision that elects to make itself subject to 20 the code in accordance with this subsection may exercise the 21 option to exempt itself pursuant to subsection (1) not later than 22 3 years after its administration and enforcement of the code. 23 However, that exemption shall not take effect until 1 year after 24 passage of an ordinance to that effect. 25 (5) (6) A governmental subdivision that, before 26 December 30, 1980, THE EFFECTIVE DATE OF THE AMENDATORY ACT 27 THAT AMENDED THIS SUBSECTION, has not administered and enforced 06791'98 16 1 either this act and the code or another nationally recognized 2 model code may elect to exempt itself from certain parts of 3 ENFORCE this act and the code pursuant to subsection (1) by the 4 passage of an ordinance to that effect. A governmental subdivi- 5 sion that makes this election after December 30, 1980 THE 6 EFFECTIVE DATE OF THE AMENDATORY ACT THAT AMENDED THIS SUBSECTION 7 shall submit, in addition to the ordinance, an application to the 8 commission for approval to administer and enforce that code 9 within its jurisdiction. This application shall be made on the 10 proper form to be provided by the commission. The standards for 11 approval shall include, but not be limited to, the certification 12 by the governmental subdivision that the enforcing agency is 13 qualified by experience or training to administer and enforce 14 that nationally recognized model THE code and all related acts 15 and rules, that agency personnel are provided as necessary, 16 administrative services are provided, plan review services are 17 provided, and timely field inspection services shall be 18 provided. The executive director shall seek additional informa- 19 tion if the executive director considers it necessary. The com- 20 mission shall render a decision on the application for approval 21 to administer and enforce that THE code that has been adopted 22 and transmit its findings to that governmental subdivision within 23 90 days of receipt of the application. The commission shall doc- 24 ument its reasons if the commission disapproves an application. 25 A governmental subdivision that receives a disapproval may resub- 26 mit its application for approval. Upon receipt of approval from 27 the commission for the administration and enforcement of that 06791'98 17 1 adopted THE code, the governmental subdivision shall administer 2 and enforce that THE code within its jurisdiction pursuant to 3 the provisions of its approved application. 4 (6) (7) The state construction code or any of its sec- 5 tions shall take effect 6 months after the code's initial 6 promulgation. The 6-month delay does not apply to rules promul- 7 gated to implement sections 13a, 13b, 19, and 21 and the require- 8 ments of barrier free design and energy conservation of this act 9 and code. A governmental subdivision may not exempt itself from 10 the requirements of this section, section 9(8) or (10), or sec- 11 tion 9a, 10, 13a, 13b, 14, 15, 20, 21a, 22(1), 23, or 23a. The 12 6-month delay does not apply to amendments to the code or any of 13 the code's sections after the initial promulgation. A govern- 14 mental subdivision that elects to exempt itself from this act and 15 the code may do so within 6 months after the promulgation of the 16 code in the manner provided in subsection (1), except that any 17 amendments the governmental subdivision adopts at that time are 18 subject to review by the commission as set forth in subsection 19 (1) within 120 days after a copy of the adopted amendments is 20 delivered to the commission by certified mail with return receipt 21 requested. 22 (8) A governmental subdivision that elects to exempt itself 23 from certain parts of this act and the code pursuant to subsec- 24 tion (1) and is enforcing its code within its jurisdiction pursu- 25 ant to subsection (1) may rescind that ordinance by which it 26 elected to exempt itself from certain parts of this act and the 27 code, and transfer the responsibility for the administration and 06791'98 18 1 enforcement of this act and the code within the governmental 2 subdivision to the executive director. The executive director 3 shall assume the responsibility for administering and enforcing 4 this act and the code in that governmental subdivision, unless 5 the county within which that governmental subdivision is located 6 has submitted a notice of intent to continue to administer and 7 enforce the code. However, that action shall not take effect 8 until 12 months after the passage of an ordinance to that 9 effect. A structure commenced under an effective code shall be 10 completed under that code. 11 (9) Locally adopted codes do not apply to public or nonpub- 12 lic schools within the governmental subdivision without concur- 13 rence by the school authorities having jurisdiction. 14 (7) (10) Sections 10, 13a, 13b, 19, 21, 21a, and 23a, sub- 15 section (13), and other provisions of this act and code directly 16 relating to the provisions of sections 10, 13a, 13b, 19, 21, 21a, 17 and 23a, subsection (13), and provisions of the code relating to 18 the requirements of barrier free design, energy conservation, 19 and, except as provided in subsection (11), for plans submitted 20 for approval after January 1, 1994 the type and number of plumb- 21 ing fixtures for men and women required in an assembly building 22 with an occupancy of more than 150 are effective throughout the 23 state without local modifications notwithstanding the exception 24 of subsections (1) to (9). The standards for premanufactured 25 housing shall not be less than the standards required for nonpre- 26 manufactured housing, except that mobile homes shall be 27 considered to have complied with this requirement by compliance 06791'98 19 1 with the state code provisions adopting a nationally recognized 2 mobile home code. As used in this subsection, "assembly 3 building" means a theater, sports arena, stadium, food service 4 establishment with or without a liquor license, exhibition hall, 5 library, recreation center, passenger terminal, and outdoor 6 assembly structure which includes an outdoor grandstand, bleach- 7 er, colosseum, stadium, amusement park structure, and fair or 8 carnival structure. 9 (11) With respect to the type and number of plumbing fix- 10 tures required for men and women in an assembly building pursuant 11 to subsection (10), the executive director, in his or her sole 12 discretion, may exempt from the effective date provision those 13 projects for which plans were near finalization before January 1, 14 1994, but were submitted after that date. 15 (8) (12) The commission may limit the application of a 16 part of the code to include or exclude the following: 17 (a) Specified classes or types of buildings or structures, 18 according to use, or other distinctions as may make differentia- 19 tion or separate classification or regulation necessary, proper, 20 or desirable. The commission shall consider the specific prob- 21 lems of the construction or alteration of a single family, 22 owner-occupied recreational dwelling that is located in a 23 sparsely populated area and that is to be occupied on a part-time 24 basis. 25 (b) Specified areas of the state based on size, population 26 density, special conditions prevailing in the area, or other 06791'98 20 1 factors as may make differentiation or separate classification or 2 regulation necessary, proper, or desirable. 3 (9) (13) A building or structure that has baby changing 4 stations in the women's restrooms shall have baby changing sta- 5 tions in the men's restrooms. 6 Sec. 9. (1) Except as otherwise provided in this section, 7 the executive director is responsible for administration and 8 enforcement of this act and the code. A governmental subdivision 9 may by ordinance assume responsibility for administration and 10 enforcement of this act within its political boundary. 11 A county ordinance adopted pursuant to this act shall be 12 adopted by the county board of commissioners and shall be signed 13 by the chairperson of the county board of commissioners and cer- 14 tified by the county clerk. 15 (2) A governmental subdivision that has assumed the respon- 16 sibility for administering and enforcing this act and the code 17 may, through its chief legal officer, issue a complaint and 18 obtain a warrant for a violation of this act or the code and 19 prosecute the violation with the same power and authority it pos- 20 sesses in prosecuting a local ordinance violation. If pursuant 21 to section 23, a governmental subdivision has by ordinance desig- 22 nated a violation of the act or code as a municipal civil infrac- 23 tion, the governmental subdivision may issue a citation or munic- 24 ipal ordinance violation notice pursuant to chapter 87 of the 25 revised judicature act of 1961, Act No. 236 of the Public Acts 26 of 1961, being sections 600.8701 to 600.8733 of the Michigan 27 Compiled Laws 1961 PA 236, MCL 600.8701 TO 600.8733, for a 06791'98 21 1 violation of the act or code. Unless otherwise provided by local 2 law or ordinance, the legislative body of a governmental subdivi- 3 sion responsible for administration and enforcement of this act 4 and the code shall designate an enforcing agency that shall dis- 5 charge the responsibilities of the governmental subdivision under 6 this act. Governmental subdivisions may provide by agreement for 7 joint enforcement of this act. 8 (3) Subject to the other provisions of this act, an enforc- 9 ing agency is any official or agent of a governmental subdivision 10 qualified by experience or training to perform the duties associ- 11 ated with construction code administration and enforcement. 12 (4) Before January 10, 1981, the executive director shall 13 provide each governmental subdivision administering and enforcing 14 this act and the code with a notice of intent form. This form 15 shall set forth the date return receipt is required, which date 16 shall not be less than 60 days. The chief elected official of 17 the governmental subdivision that receives this notice shall 18 indicate on the form the intention of the governmental subdivi- 19 sion as to whether it shall continue to administer and enforce 20 this act and the code and transmit this notice to the executive 21 director within the prescribed period. If a governmental subdi- 22 vision fails to submit a notice of intent to continue to adminis- 23 ter and enforce this act and the code within the date set forth 24 in the notice, the executive director shall send a notice by reg- 25 istered mail to the clerk of that governmental subdivision. This 26 notice shall indicate that the governmental subdivision has 15 27 additional days in which to submit a notice of intent to continue 06791'98 22 1 to administer and enforce this act and the code. If the 2 governmental subdivision does not respond by the end of the 15 3 additional days, it shall be conclusively presumed that the gov- 4 ernmental subdivision does not intend to continue to administer 5 and enforce this act and the code and the executive director 6 shall assume the responsibility for administering and enforcing 7 this act and the code in that governmental subdivision, unless 8 the county within which the governmental subdivision is located 9 submits a notice of intent to continue to administer and enforce 10 this act and the code. 11 (5) A county that is administering and enforcing this act 12 and the code on December 30, 1980 and that submits a notice of 13 intent to continue to administer and enforce this act and the 14 code pursuant to subsection (4) is responsible for the adminis- 15 tration and enforcement of this act and the code for each govern- 16 mental subdivision within the county that does not submit a 17 notice of intent to continue to administer and enforce this act 18 and the code or another nationally recognized model code within 19 its jurisdiction. The executive director shall notify the county 20 of those governmental subdivisions that do not submit a notice of 21 intent. 22 (6) A governmental subdivision that, before December 30, 23 1980, did not administer and enforce either this act and the code 24 or another nationally recognized model code may elect to assume 25 the responsibility for the administration and enforcement of this 26 act and the code pursuant to subsection (1) by the passage of an 27 ordinance to that effect. A governmental subdivision that makes 06791'98 23 1 this election after December 30, 1980 shall submit, in addition 2 to the ordinance, an application to the commission for approval 3 to administer and enforce this act and the code within its 4 jurisdiction. This application shall be made on the proper form 5 to be provided by the commission. The standards for approval 6 shall include, but not be limited to, the certification by the 7 governmental subdivision that the enforcing agency is qualified 8 by experience or training to administer and enforce this act and 9 the code and all related acts and rules, that agency personnel 10 are provided as necessary, that administrative services are pro- 11 vided, that plan review services are provided, and that timely 12 field inspection services will be provided. The executive direc- 13 tor shall seek additional information if the executive director 14 considers it necessary. The commission shall render a decision 15 on the application for approval to administer and enforce this 16 act and the code and transmit its findings to the governmental 17 subdivision within 90 days of receipt of the application. The 18 commission shall document its reasons, if the commission disap- 19 proves an application. A governmental subdivision that receives 20 a disapproval may resubmit its application for approval. Upon 21 receipt of approval from the commission for the administration 22 and enforcement of this act and the code, the governmental subdi- 23 vision shall administer and enforce this act and the code within 24 its jurisdiction pursuant to the provisions of this act and the 25 application. 26 (7) A governmental subdivision that elects to administer and 27 enforce this act and the code within its jurisdiction by the 06791'98 24 1 adoption of an ordinance may rescind that ordinance and transfer 2 the responsibility for the administration and enforcement of this 3 act and the code to the executive director. The executive direc- 4 tor shall assume the responsibility for administering and enforc- 5 ing this act and the code in that governmental subdivision, 6 unless the county within which that governmental subdivision is 7 located has submitted a notice of intent to continue to adminis- 8 ter and enforce the code. However, that action shall not take 9 effect until 12 months after the passage of an ordinance to that 10 effect. A structure commenced under an effective code shall be 11 completed under that code. 12 (8) The executive director is responsible for administration 13 and enforcement of this act and the code for buildings and struc- 14 tures that are not under the responsibility of an enforcing 15 agency in those governmental subdivisions that elect to adminis- 16 ter and enforce this act and the code. or another nationally 17 recognized model code. A building or structure owned by the 18 state shall not be erected, remodeled, or reconstructed in the 19 state after December 30, 1980, except school buildings or facili- 20 ties or institutions of higher education as described in section 21 4 of article VIII of the state constitution of 1963, until writ- 22 ten approval of the plans and specifications has been obtained 23 from the bureau of construction codes located within the depart- 24 ment of labor indicating that the state owned facilities shall be 25 designed and constructed in conformance with the state construc- 26 tion code. This subsection does not apply to any state owned 27 facility for which construction commenced before December 30, 06791'98 25 1 1980. The bureau of construction codes shall be the lead agency 2 in the coordination and implementation of this subsection. The 3 bureau of construction codes shall perform required plan reviews 4 and inspections as required by the state construction code. Each 5 department shall secure required plan approvals and permits from 6 the bureau. Fees charged by the bureau for permits shall be in 7 accordance with the commission's approved schedule of fees. 8 State departments and institutions may allow local inspectors to 9 inspect the construction of state owned facilities. However, an 10 inspection conducted by a local inspector shall be of an advisory 11 nature only. 12 (9) This section does not affect the responsibilities of the 13 commission for administration and enforcement of this act pursu- 14 ant to other sections of this act, or responsibilities pursuant 15 to the fire prevention code, Act No. 207 of the Public Acts of 16 1941, as amended, being sections 29.1 to 29.33 of the Michigan 17 Compiled Laws 1941 PA 207, MCL 29.1 TO 29.34, except sections 6 18 and 7 of Act No. 207 of the Public Acts of 1941, as amended, 19 being sections 29.6 and 29.7 of the Michigan Compiled Laws; Act 20 No. 306 of the Public Acts of 1937, as amended, being sections 21 388.851 to 388.855a of the Michigan Compiled Laws THE FIRE PRE- 22 VENTION CODE, 1941 PA 207, MCL 29.6 AND 29.7; 1937 PA 306, MCL 23 388.851 TO 388.855A; the fire fighters training council act of 24 1966, Act No. 291 of the Public Acts of 1966, as amended, being 25 sections 29.361 to 29.377 of the Michigan Compiled Laws; Act 26 No. 9 of the Public Acts of the First Extra Session of 1942, as 27 amended, being sections 419.201 to 419.205 of the Michigan 06791'98 26 1 Compiled Laws 1966 PA 291, MCL 29.361 TO 29.377; 1942 PA (1ST EX 2 SESS) 9, MCL 419.201 TO 419.205; parts 215 and 217 of the public 3 health code, Act No. 368 of the Public Acts of 1978, as amended, 4 being sections 333.21501 to 333.21799e of the Michigan Compiled 5 Laws 1978 PA 368, MCL 333.21501 TO 333.21799E; and section 58 of 6 the social welfare act, Act No. 280 of the Public Acts of 1939, 7 as amended, being section 400.58 of the Michigan Compiled Laws 8 1939 PA 280, MCL 400.58. 9 (10) Pursuant to parts 215 and 217 of Act No. 368 of the 10 Public Acts of 1978, as amended THE PUBLIC HEALTH CODE, 1978 PA 11 368, MCL 333.21501 TO 333.21799E, the directors of the 12 department, of labor, public DEPARTMENT OF COMMUNITY health, 13 and DEPARTMENT OF state police, or their designees, shall develop 14 consistent construction standards for hospitals and nursing 15 homes. These standards shall ensure that consistent, uniform, 16 and equitable construction requirements and state supervision of 17 the requirements are achieved and that unnecessary duplication is 18 avoided. The commission shall delegate plan review and approval 19 of health facility construction plans to the department of 20 COMMUNITY health. This subsection does not preclude a state 21 agency or a governmental subdivision from conducting plan reviews 22 or inspections necessary to ensure compliance with approved con- 23 struction plans. 24 (11) Except as otherwise provided in this act, this act does 25 not limit or restrict existing powers or authority of governmen- 26 tal subdivisions, and this act shall be enforced by governmental 27 subdivisions in the manner prescribed by local law or ordinance. 06791'98 27 1 To the extent not inconsistent with this act, local laws and 2 ordinances relating to administration and enforcement of con- 3 struction regulations enacted before the effective date of the 4 code by or for a governmental subdivision are applicable to 5 administration and enforcement of the code in that governmental 6 subdivision. 7 Sec. 9a. (1) The executive director, as prescribed in this 8 section, may conduct a performance evaluation of an enforcing 9 agency to assure that the administration and enforcement of 10 either a nationally recognized model code or this act and the 11 code is being done pursuant to either section 8 or section 9. A 12 performance evaluation may only be conducted either at the 13 request of the local enforcing agency or upon the receipt of a 14 written complaint. If a performance evaluation is to be con- 15 ducted upon the receipt of a written complaint, the executive 16 director shall first refer the written complaint to the affected 17 enforcing agency requesting a written response within 10 days. 18 If the local enforcing agency fails to provide a written 19 response, or if the response is considered inadequate, the execu- 20 tive director shall consult with the commission and request 21 approval to conduct the performance evaluation. The executive 22 director shall submit a written recommendation to the commission 23 and shall send a copy to the affected enforcing agency, along 24 with a reasonable notice of the commission meeting at which the 25 recommendation will be presented. The decision of the commission 26 to proceed with a performance evaluation shall be made at a 27 public meeting. This decision shall be mailed to the enforcing 06791'98 28 1 agency 10 days in advance of conducting the performance 2 evaluation. 3 (2) When conducting a performance evaluation of an enforcing 4 agency, the executive director may request that the local enforc- 5 ing agency accompany the executive director or other state 6 inspectors on inspections. The inspections shall be for the 7 enforcement of this act and the code. or another nationally rec- 8 ognized model code. The enforcing agency shall maintain all 9 official records and documents relating to applications for per- 10 mits, inspection records including correction notices, orders to 11 stop construction, and certificates of use and occupancy. The 12 enforcing agency shall make available for review all official 13 records between 8 a.m. and 5 p.m. on business days. 14 (3) Upon completion of a performance evaluation, the execu- 15 tive director shall report the findings and any recommendations 16 to the commission and the local enforcing agency. The commission 17 may issue a notice of intent to withdraw the responsibility for 18 the administration and enforcement of this act and the code , or 19 a nationally recognized model building code, or other nationally 20 recognized model codes from a governmental subdivision after 21 receiving the results of a performance evaluation. The notice 22 shall include the right to appeal within 30 business days after 23 receipt of the notice of intent to withdraw the responsibility. 24 The notice shall also include the findings of the executive 25 director, after completion of a performance evaluation, that the 26 enforcing agency of that governmental subdivision has failed to 27 follow the duties recognized under this act, the code, or its 06791'98 29 1 ordinance. , or that the enforcing agency has failed in the 2 administration and enforcement of other nationally recognized 3 model codes adopted by that governmental subdivision. Failure by 4 the enforcing agency, or the chief elected official of that gov- 5 ernmental subdivision to request a hearing within 30 business 6 days after receipt of the notice of intent to withdraw the 7 responsibility shall be considered to exhaust the enforcing 8 agency's administrative remedies and the notice shall be consid- 9 ered a final order of the commission under Act No. 306 of the 10 Public Acts of 1969, as amended THE ADMINISTRATIVE PROCEDURES 11 ACT OF 1969, 1969 PA 306, MCL 24.201 TO 24.328. The executive 12 director shall assume responsibility for the administration and 13 enforcement of this act and the code, unless the county within 14 which that governmental subdivision is located has submitted a 15 notice of intent to continue to administer and enforce this act 16 and the code, when the notice is considered a final order of the 17 commission. A structure commenced under an effective code shall 18 be completed under that code. 19 (4) If an enforcing agency or the chief elected official of 20 the governmental subdivision transmits an appeal of the notice of 21 intent to withdraw the responsibility issued under subsection 22 (3), the commission chairperson shall request the office of hear- 23 ings to appoint a hearings officer. The hearings officer shall 24 conduct a hearing of the appeal pursuant to Act No. 306 of the 25 Public Acts of 1969, as amended THE ADMINISTRATIVE PROCEDURES 26 ACT OF 1969, 1969 PA 306, MCL 24.201 TO 24.328, and issue a 27 proposed decision which shall be sent to the affected parties. 06791'98 30 1 The proposed decision shall become the final order issued by the 2 commission, unless exceptions are filed by a party within 30 days 3 after receipt of the proposed decision. The commission shall 4 review the proposed decision when exceptions are filed. 5 (5) The commission in reviewing a proposed decision may 6 affirm, modify, reverse, or remand the proposed decision. When 7 the commission affirms, modifies, reverses, or remands a proposed 8 decision, the decision of the commission shall be in writing and 9 contain the findings of fact and conclusions of law upon which 10 its decision is based. Other than in a case of remand, the 11 period for seeking judicial review of the commission's decision 12 under section 104 of Act No. 306 of the Public Acts of 1969, as 13 amended, being section 24.304 of the Michigan Compiled Laws THE 14 ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL 24.304, 15 shall begin to run upon receipt by the parties of the 16 commission's written decision. 17 Sec. 22. (1) The legislative body of a governmental subdi- 18 vision shall establish reasonable fees to be charged by the gov- 19 ernmental subdivision for acts and services performed by the 20 enforcing agency or construction board of appeals pursuant to 21 this act, which fees shall be intended to bear a reasonable rela- 22 tion to the cost, including overhead, to the governmental subdi- 23 vision of the acts and services, including, without limitation, 24 those services and acts as, in case of an enforcing agency, issu- 25 ance of building permits, examination of plans and specifica- 26 tions, inspection of construction undertaken pursuant to a 27 building permit, and the issuance of certificates of use and 06791'98 31 1 occupancy, and, in case of a board of appeals, hearing appeals in 2 accordance with this act. The enforcing agency shall collect the 3 fees established under this subsection. 4 (2) To accomplish the objectives of this section and this 5 act, a state construction code fund is created. The director, 6 of labor, after approval by the commission and following a 7 public hearing held by the commission, shall establish reasonable 8 fees to be charged by the commission for acts and services per- 9 formed by the commission including, without limitation, inspec- 10 tion of plans and specifications, issuance of certificates of 11 acceptability, testing and evaluation of new products, methods 12 and processes of construction or alteration, issuance of building 13 permits, inspection of construction undertaken pursuant to a 14 building permit, the issuance of certificates of use and occupan- 15 cy, and hearing of appeals. Fees established by the department 16 shall be intended to bear a reasonable relation to the cost, 17 including overhead, of the service or act. Until the director of 18 labor establishes fees pursuant to this act, the fees established 19 pursuant to this subsection shall remain in effect. The state 20 treasurer shall be the custodian of the fund and may invest the 21 surplus of the fund in investments as in the state treasurer's 22 judgment are in the best interest of the fund. Earnings from 23 those investments shall be credited to the fund. The state trea- 24 surer shall notify the director and the legislature of interest 25 credited and the balance of the fund as of September 30 of each 26 year. The director shall supervise and administer the fund. 27 Fees received by the department and money collected under this 06791'98 32 1 act shall be deposited in the state construction code fund and 2 shall be appropriated by the legislature for the operation of the 3 bureau of construction codes, and indirect overhead expenses in 4 the department. However, this restricted fund shall not be 5 appropriated for the bureau of construction code's performance 6 evaluation program and complaint investigation program. The per- 7 formance evaluation program and complaint investigations mandated 8 in this act shall be funded by appropriations from the general 9 fund. Funds which are unexpended at the end of each fiscal year 10 shall be returned to the state construction code fund. A 11 self-supporting fund shall be established within the commission 12 to provide for the purchase and sale of codes and standards to 13 the general public. 06791'98 Final page. LBO