HB-5862, As Passed Senate, May 9, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 5862

     A bill to amend 1972 PA 230, entitled

"Stille-DeRossett-Hale single state construction code act,"

by amending sections 3a and 8b (MCL 125.1503a and 125.1508b), as

added by 1999 PA 245.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 3a. (1) The state construction code commission is created

and consists of the state fire marshal or an employee of the bureau

of fire services created in section 1b of the fire prevention code,

1941 PA 207, MCL 29.1b, designated by the state fire marshal and a

designee of the  office of fire safety and the chairpersons of the

barrier free design board, the electrical administrative board, the

state plumbing board, and the board of mechanical rules, who shall

be permanent members, and 12 residents of the state to be appointed

by the governor with the advice and consent of the senate.

Appointed members of the commission shall include 1 person from

each of the fields of industrial management, architecture,

professional engineering, building contracting, organized labor,

premanufactured building, and 3 members representing municipal

building inspection; 2 persons from the general public; and a

licensed residential builder. A member of the commission appointed

by the governor before January 1, 2007 shall be appointed for a

term of 2 years, except that a vacancy shall be filled for the

unexpired portion of the term. A member of the commission appointed

by the governor after December 31, 2006 shall be appointed for a

term of 4 years, except that a vacancy shall be filled for the

unexpired portion of the term. A member of the commission may be

removed from office by the governor for inefficiency, neglect of

duty, or misconduct or malfeasance in office. A member of the

commission who has a pecuniary interest in a matter before the

commission shall disclose the interest before the commission takes

action in the matter, which disclosures shall be made a matter of

record in its official proceedings. Each member of the commission,

except the state fire marshal or the state fire marshal's designee,

shall receive  compensation and  reimbursement for actual expenses

incurred by the member in the performance of the duties as a member

of the commission, subject to available appropriations.  The per

diem compensation of the members and the schedule for reimbursement

of expenses shall be established annually by the legislature.

     (2) Nine members of the commission constitute a quorum. Except

as otherwise provided in the commission's bylaws, action may be

taken by the commission by vote of a majority of the members

present at a meeting. Meetings of the commission may be called by

the chairperson or by 3 members on 10 days' written notice. Not

less than 1 meeting shall be held each calendar quarter. A meeting

of the commission may be held anywhere in this state.

     (3) The commission  shall  may elect 1 member as  chairperson,

another as vice-chairperson, and other officers as it determines

appropriate, for the terms and with the duties and powers as the

commission determines. The  chairperson and vice-chairperson and

other officers of the commission shall be elected from those

members appointed to the commission by the governor. After December

31, 2006, the governor shall designate a member of the commission

to serve as chairperson at the pleasure of the governor.

     (4) The commission is within the department but shall exercise

its statutory functions independently of the director, except that

budgeting, personnel, and procurement functions of the commission

shall be performed under the direction and supervision of the

director. The director has the sole statutory authority to

promulgate rules.

     (5) The business that the commission may perform shall be

conducted at a public meeting of the commission held in compliance

with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

Public notice of the time, date, and place of the meeting shall be

given in the manner required by the open meetings act, 1976 PA 267,

MCL 15.261 to 15.275.

     (6) A writing prepared, owned, used, in the possession of, or

retained by the commission in the performance of an official

function shall be made available to the public in compliance with

the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

     Sec. 8b. (1) Except as otherwise provided in this section, the

director is responsible for administration and enforcement of this

act and the code. A governmental subdivision may by ordinance

assume responsibility for administration and enforcement of this

act within its political boundary. A county ordinance adopted

pursuant to this act shall be adopted by the county board of

commissioners and shall be signed by the chairperson of the county

board of commissioners and certified by the county clerk.

     (2) A governmental subdivision that has assumed the

responsibility for administering and enforcing this act and the

code may, through its chief legal officer, issue a complaint and

obtain a warrant for a violation of this act or the code and

prosecute the violation with the same power and authority it

possesses in prosecuting a local ordinance violation. If pursuant

to section 23, a governmental subdivision has by ordinance

designated a violation of the act or code as a municipal civil

infraction, the governmental subdivision may issue a citation or

municipal ordinance violation notice pursuant to chapter 87 of the

revised judicature act of 1961, 1961 PA 236, MCL 600.8701 to

600.8735, for a violation of the act or code. Unless otherwise

provided by local law or ordinance, the legislative body of a

governmental subdivision responsible for administration and

enforcement of this act and the code shall designate an enforcing

agency that shall discharge the responsibilities of the

governmental subdivision under this act. Governmental subdivisions

may provide by agreement for joint enforcement of this act.

     (3) Subject to the other provisions of this act, an enforcing

agency is any official or agent of a governmental subdivision that

is registered under the building officials and inspectors

registration act, 1986 PA 54, MCL 338.2301 to 338.2313, qualified

by experience or training to perform the duties associated with

construction code administration and enforcement.

     (4) Before  the effective date of this section  December 28,

1999, the director shall provide each governmental subdivision

administering and enforcing this act and the code with a notice of

intent form. This form shall set forth the date return receipt is

required, which date shall not be less than 60 days. The chief

elected official of the governmental subdivision that receives this

notice shall indicate on the form the intention of the governmental

subdivision as to whether it shall continue to administer and

enforce this act and the code and transmit this notice to the

director within the prescribed period. If a governmental

subdivision fails to submit a notice of intent to continue to

administer and enforce this act and the code within the date set

forth in the notice, the director shall send a notice by registered

mail to the clerk of that governmental subdivision. This notice

shall indicate that the governmental subdivision has 15 additional

days in which to submit a notice of intent to continue to

administer and enforce this act and the code. If the governmental

subdivision does not respond by the end of the 15 additional days,

it shall be conclusively presumed that the governmental subdivision

does not intend to continue to administer and enforce this act and

the code and the director shall assume the responsibility for

administering and enforcing this act and the code in that

governmental subdivision, unless the county within which the

governmental subdivision is located submits a notice of intent to

continue to administer and enforce this act and the code.

     (5) A county that is administering and enforcing this act and

the code on  the effective date of this section December 28, 1999

and that submits a notice of intent to continue to administer and

enforce this act and the code pursuant to subsection (4) is

responsible for the administration and enforcement of this act and

the code for each governmental subdivision within the county that

does not submit a notice of intent to continue to administer and

enforce this act and the code. The director shall notify the county

of those governmental subdivisions that do not submit a notice of

intent.

     (6) A governmental subdivision that, before  the effective

date of this section December 28, 1999, did not administer and

enforce this act and the code may elect to assume the

responsibility for the administration and enforcement of this act

and the code pursuant to subsection (1) by the passage of an

ordinance to that effect. A governmental subdivision that makes

this election after  the effective date of this section  December

28, 1999 shall submit, in addition to the ordinance, an application

to the commission for approval to administer and enforce this act

and the code within its jurisdiction. This application shall be

made on the proper form to be provided by the commission. The

standards for approval shall include, but not be limited to, the

certification by the governmental subdivision that the enforcing

agency is qualified by experience or training to administer and

enforce this act and the code and all related acts and rules, that

agency personnel are provided as necessary, that administrative

services are provided, that plan review services are provided, and

that timely field inspection services will be provided. The

director shall seek additional information if the director

considers it necessary. The commission shall render a decision on

the application for approval to administer and enforce this act and

the code and transmit its findings to the governmental subdivision

within 90 days of receipt of the application. The commission shall

document its reasons, if the commission disapproves an application.

A governmental subdivision that receives a disapproval may resubmit

its application for approval. Upon receipt of approval from the

commission for the administration and enforcement of this act and

the code, the governmental subdivision shall administer and enforce

this act and the code within its jurisdiction pursuant to the

provisions of this act and the application.

     (7) A governmental subdivision that elects to administer and

enforce this act and the code within its jurisdiction by the

adoption of an ordinance may rescind that ordinance and transfer

the responsibility for the administration and enforcement of this

act and the code to the director. The director shall assume the

responsibility for administering and enforcing this act and the

code in that governmental subdivision, unless the county within

which that governmental subdivision is located has submitted a

notice of intent to continue to administer and enforce the code.

However, that action shall not take effect until 12 months after

the passage of an ordinance to that effect. A structure commenced

under an effective code shall be completed under that code.

     (8) The director is responsible for administration and

enforcement of this act and the code for buildings and structures

that are not under the responsibility of an enforcing agency in

those governmental subdivisions that elect to administer and

enforce this act and the code. A building or structure owned by the

state shall not be erected, remodeled, or reconstructed in the

state, except school buildings or facilities or institutions of

higher education as described in section 4 of article VIII of the

state constitution of 1963, until written approval of the plans and

specifications has been obtained from the bureau of construction

codes and safety located within the department indicating that the

state owned facilities shall be designed and constructed in

conformance with the state construction code. The bureau of

construction codes and safety shall be the lead agency in the

coordination and implementation of this subsection. The bureau of

construction codes and safety shall perform required plan reviews

and inspections as required by the state construction code. Each

department shall secure required plan approvals and permits from

the bureau. Fees charged by the bureau for permits shall be in

accordance with the commission's approved schedule of fees. State

departments and institutions may allow local inspectors to inspect

the construction of state owned facilities. However, an inspection

conducted by a local inspector shall be of an advisory nature only.

     (9) This section does not affect the responsibilities of the

commission for administration and enforcement of this act under

other sections of this act, or responsibilities under the fire

prevention code, 1941 PA 207, MCL 29.1 to  29.34, except sections 6

and 7 of the fire prevention code, 1941 PA 207, MCL 29.6 and 29.7

29.33; 1937 PA 306, MCL 388.851 to 388.855a; the  fire fighters

firefighters training council act of 1966, 1966 PA 291, MCL 29.361

to 29.377; 1942 (1st Ex Sess) PA 9, MCL 419.201 to 419.205; parts

215 and 217 of the public health code, 1978 PA 368, MCL 333.21501

to 333.21799e; and section 58 of the social welfare act, 1939 PA

280, MCL 400.58.

     (10) Pursuant to parts 215 and 217 of the public health code,

1978 PA 368, MCL 333.21501 to 333.21799e, the director shall

develop consistent construction standards for hospitals and nursing

homes. These standards shall ensure that consistent, uniform, and

equitable construction requirements and state supervision of the

requirements are achieved. This subsection does not preclude a

state agency or a governmental subdivision from conducting plan

reviews or inspections necessary to ensure compliance with approved

construction plans.

     (11) Except as otherwise provided in this act, this act does

not limit or restrict existing powers or authority of governmental

subdivisions, and this act shall be enforced by governmental

subdivisions in the manner prescribed by local law or ordinance. To

the extent not inconsistent with this act, local laws and

ordinances relating to administration and enforcement of

construction regulations enacted before the effective date of the

code by or for a governmental subdivision are applicable to

administration and enforcement of the code in that governmental

subdivision.

     Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are

enacted into law:

     (a) Senate Bill No. 1133.

     (b) House Bill No. 5860.