SENATE BILL No. 150

 

 

February 2, 2005, Introduced by Senator KUIPERS and referred to the Committee on Economic Development, Small Business and Regulatory Reform.

 

 

 

 

 

     A bill to amend 1986 PA 54, entitled

 

"Building officials and inspectors registration act,"

 

by amending the title and sections 2, 3, 4, 6, 7, 8, 10, 12, and 13

 

(MCL 338.2302, 338.2303, 338.2304, 338.2306, 338.2307, 338.2308,

 

338.2310, 338.2312, and 338.2313), section 3 as amended by 1998 PA

 

50, and by adding sections 2a, 8a, 8b, 8c, 8d, 8e, 8f, and 8g; and

 

to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to regulate and register building officials, plan

 

reviewers, building inspectors, electrical inspectors, mechanical

 

inspectors, and plumbing inspectors; to prescribe  the  certain

 

powers and duties of  the  certain state  construction code


 

commission  agencies and departments; to create  a building

 

officials advisory board  certain boards; to require the approval

 

of educational and training programs for building officials, plan

 

reviewers, and inspectors; to provide for the establishment and

 

disposition of certain fees; to provide for the promulgation of

 

rules; and to prescribe remedies, sanctions, and penalties.

 

     Sec. 2. As used in this act:

 

     (a) "Adopted" means a properly passed rule or ordinance.

 

     (b) "Advisory board" means the building officials advisory

 

board created pursuant to section 3.

 

     (c) "Approved" means reviewed and found acceptable by the

 

commission.

 

     (d) "Building official" means a  construction  code

 

enforcement person working as an inspector  ,  or plan reviewer, or

 

actively engaged in the administration and enforcement of adopted

 

building, electrical, mechanical, or plumbing codes, or any

 

combination of these codes.

 

     (e) "Censure" means an expression of disapproval of a

 

registrant's professional conduct, which conduct is not necessarily

 

a violation of this act or a rule promulgated or an order issued

 

under this act.

 

     (f)   (e)  "Code" means the state construction code provided

 

for in section 4 of the Stille-DeRossett-Hale single state

 

construction code act,  of 1972, Act No. 230 of the Public Acts of

 

1972, being section 125.1504 of the Michigan Compiled Laws  1972 PA

 

230, MCL 125.1504, or a part of that code  which  that is of

 

limited application.  , and includes a modification of or amendment


 

to the code, or a nationally recognized model building code or

 

other nationally recognized model code adopted by a governmental

 

subdivision pursuant to section 8 of the state construction code

 

act of 1972, being section 125.1508 of the Michigan Compiled Laws.

 

     (g) "Code change cycle" means the publication by a nationally

 

recognized code writing body of a new edition of a basic code that

 

includes all approved changes to the basic code since the previous

 

edition. Code change cycle does not include changes to the basic

 

code approved and published in periodic supplements to the code.

 

     (h)   (f)  "Commission" means the state construction code

 

commission as established in section  3  3a of the Stille-

 

DeRossett-Hale single state construction code act,  of 1972, Act

 

No. 230 of the Public Acts of 1972, being section 125.1503 of the

 

Michigan Compiled Laws  1972 PA 230, MCL 125.1503a.

 

     (i) "Competence" means a degree of expertise that enables a

 

person to engage in an occupation at a level meeting or exceeding

 

minimal standards of acceptable practice for the occupation.

 

     (j) "Complaint" means an oral or written grievance.

 

     (k) "Complainant" means a person who has filed a complaint

 

with the department alleging that a person has violated this act or

 

a rule promulgated or an order issued under this act. If a

 

complaint is made by the department, the director of the department

 

shall designate 1 or more employees of the department to act as the

 

complainant.

 

     (l) "Department" means the department of labor and economic

 

growth.

 

     (m) "Disciplinary board" means the disciplinary board created


 

pursuant to section 8b.

 

     (n)   (g)  "Education or training program" means formal or

 

informal courses, seminars, correspondence programs, and other

 

teaching aids for building officials, plan reviewers, and

 

inspectors  which  that have been approved.  by the commission.

 

     (o)   (h)  "Enforcing agency" means an enforcing agency  that

 

term as defined in section  2  2a of the Stille-DeRossett-Hale

 

single state construction code act,  of 1972, Act No. 230 of the

 

Public Acts of 1972, being section 125.1502 of the Michigan

 

Compiled Laws  1972 PA 230, MCL 125.1502a.

 

      (i) "Inspector" means the person responsible for the

 

administration and enforcement of the construction of buildings,

 

structures, or appurtenances under the requirements of the

 

applicable building, electrical, mechanical, or plumbing code

 

administered and enforced within the jurisdiction of the employing

 

enforcing agency employing the person.

 

     (j) "Practical construction experience" means experience in

 

construction related trades or code administration and enforcement

 

which is found to be acceptable to the commission.

 

     (k) "Plan reviewer" means a person engaged in the practice of

 

examining construction documents for the purpose of determining

 

compliance with applicable codes.

 

     (l) "Provisional registration" means a building official, plan

 

reviewer, or inspector who is registered subject to attaining the

 

amount of training, education, and experience required by the

 

appropriate board and the commission.

 

     (m) "Registered" means a building official, plan reviewer, or


 

inspector who is registered under this act.

 

     (n) "Test" means a method of determining the qualifications of

 

a person seeking registration as a building official, plan

 

reviewer, or inspector under this act. Tests may be written, oral,

 

practical, or a combination of written, oral, and practical.

 

Completion of educational or training programs which have been

 

approved by the commission may be substituted for appropriate tests

 

or portions of tests.

 

     (o) "Code change cycle" means the publication by a nationally

 

recognized code writing body of a new edition of a basic code which

 

includes all approved changes to the basic code since the previous

 

edition. Code change cycle does not include changes to the basic

 

code approved and published in annual supplements to the code.

 

     Sec. 2a. As used in this act:

 

     (a) "General public" means each individual residing in this

 

state who is 18 years of age or older other than a person or the

 

spouse of a person who is registered in the occupation or who has a

 

material financial interest in the occupation being regulated by

 

the specific law in which the term is used.

 

     (b) "Good moral character" means good moral character as

 

defined in section 1 of 1974 PA 381, MCL 338.41.

 

     (c) "Governmental subdivision" means that term as defined in

 

section 2a of the Stille-DeRossett-Hale single state construction

 

code act, 1972 PA 230, MCL 125.1502a.

 

     (d) "Gross negligence" means the intentional failure to

 

perform a manifest duty that affects the life or property of

 

another, or both.


 

     (e) "Incompetence" means a departure from, or a failure to

 

conform to, minimal standards of acceptable practice for the

 

occupation.

 

     (f) "Inspector" means the person responsible for the

 

administration and enforcement of the construction of buildings,

 

structures, or appurtenances under the requirements of the

 

applicable building, electrical, mechanical, or plumbing code

 

administered and enforced within the jurisdiction of the enforcing

 

agency employing the person.

 

     (g) "Knowledge and skill" means information, education, and

 

practical experience, and facility in applying that information,

 

education, and practical experience.

 

     (h) "Limitation" means a condition, stricture, constraint,

 

restriction, or probation attached to a registration relative to

 

the scope of practice, including, but not limited to, the

 

following:

 

     (i) A requirement that the registrant perform only specified

 

functions of the registrant's occupation.

 

     (ii) A requirement that the registrant perform the registrant's

 

occupation only for a specified period of time.

 

     (iii) A requirement which reasonably assures a registrant's

 

competence to perform the registrant's occupation.

 

     (iv) A requirement that the registrant be directly supervised

 

in the performance of registrant's duties for a specified period of

 

time.

 

     (v) A requirement that a registrant file reports with the

 

department at intervals as determined by the department.


 

     (i) "Negligence" means a failure to exercise that degree of

 

care rendered appropriate by the particular circumstances and that

 

an individual of ordinary prudence in the same situation and with

 

equal experience would not have omitted.

 

     (j) "Practical construction experience" means approved

 

experience in construction related trades or code administration

 

and enforcement conforming to this act and the code.

 

     (k) "Plan reviewer" means a person engaged in the examination

 

of construction documents for the purpose of determining compliance

 

with applicable codes.

 

     (l) "Provisional registration" means a building official, plan

 

reviewer, or inspector who is registered subject to attaining the

 

amount of training, education, and experience required by the

 

appropriate board and the commission.

 

     (m) "Published interpretation" means an article or technical

 

bulletin on the meaning and application of the code, a section or

 

subsection of the code, or a referenced standard within the code

 

published either in print form or electronic media by the bureau of

 

construction codes. Published interpretation includes a formal

 

decision by the commission on the meaning and application of the

 

code, a section or subsection of the code, or a referenced standard

 

within the code. Published interpretation does not include an

 

interpretation issued by the international code council, the

 

national fire protection association or its component

 

organizations, or any other organizations or individuals that

 

develop or comment on codes or standards for public or private use.

 

     (n) "Registrant" means a building official, plan reviewer, or


 

inspector who is registered under this act.

 

     (o) "Respondent" means a person against whom a complaint has

 

been filed and may be a person required to be registered.

 

     (p) "Test" means a method of determining the qualifications of

 

a person seeking registration as a building official, plan

 

reviewer, or inspector under this act.

 

     Sec. 3. (1) The building officials advisory board is created

 

in the department  of labor  to assist the commission in

 

establishing standards and criteria for the training and

 

qualifications of building officials.

 

     (2) The advisory board shall consist of 9 members appointed by

 

the commission.  Of those members first appointed, 3 shall be

 

appointed for a term of 1 year, 3 shall be appointed for a term of

 

2 years, and 3 shall be appointed for a term of 3 years.  The

 

advisory board shall consist of the following:

 

     (a)  A  Three building  official  officials who  enforces  

 

enforce the code.  building officials and code administrators basic

 

building code.

 

      (b) A building official who enforces the uniform building

 

code.

 

     (c) A building official who enforces the Michigan building

 

code.

 

     (b)   (d)  Two members of the general public, 1 of whom shall

 

be a person with 1 or more disabilities.

 

     (c)   (e)  A  registered  licensed architect or professional

 

engineer.

 

     (d)   (f)  A  building contractor  licensed residential


 

builder.

 

     (e)   (g)  A building trades journey worker from a recognized

 

apprentice course.

 

     (f)   (h)  A representative of small business.

 

     (3) Of the 3 building officials appointed pursuant to

 

subsection (2)(a),  (b), and (c),  1 shall represent a county, 1

 

shall represent a city, and 1 shall represent a township or

 

village.

 

     Sec. 4. (1) The commission shall promote effective and uniform

 

enforcement of  construction  codes in the state by improving the

 

competence of building officials, plan reviewers, and inspectors.

 

     (2) The advisory board, barrier free design board, the

 

electrical administrative board, the board of mechanical rules, and

 

the state plumbing board shall participate in and work with the

 

commission to establish both of the following:

 

     (a) Minimum training and experience standards, qualifications,

 

and classifications of responsibility applicable to persons engaged

 

in the enforcement of codes  ,  and plan reviews.

 

     (b) Minimum criteria for the approval of  educational  

 

education or training programs and tests.

 

     (3) Tests may be written, oral, practical, or a combination of

 

written, oral, and practical. Completion of educational or training

 

programs that have been approved may be substituted for appropriate

 

tests or portions of tests.

 

     (4)  (3)  The commission may review and approve prepared  

 

educational and  education or training programs, tests, and

 

instructors. The examination and evaluation of  training and


 

educational  education or training programs, instructors, and tests

 

shall include, but not be limited to:

 

     (a)  Construction code  Code administration.

 

     (b) Specialty aspects of code program parts, including all of

 

the following:

 

     (i) Prohibited appliances.

 

     (ii) Premanufactured units.

 

     (iii) Approval of materials, products, and methods.

 

     (iv) Barrier free design.

 

     (v)  Energy conservation  Michigan uniform energy code.

 

     (c) Inspection techniques.

 

     (d) Communication skills.

 

     (e) Human and public relations.

 

     (f) Report writing.

 

     (g) Plans and specifications reading.

 

     (h) Pertinent laws, ordinances, rules, published

 

interpretations, and policies.

 

     (i) Construction practices.

 

     (5)  (4)  If the commission finds that the proposed  

 

educational  education or training  courses or  programs are  

 

acceptable  approved under minimum requirements established under

 

this section, the commission shall  give approval to  approve the  

 

courses or  education or training programs for a limited period of

 

time and with appropriate qualifications as the commission

 

prescribes.

 

     (6)  (5)  A board listed in  section 4(2)  subsection (2)

 

shall recommend to the commission criteria for approval  which  


 

that relate to the board's function and  are  as required by  

 

section 4(2)  subsection (2). The commission shall give

 

consideration to any submission by a board  ,  but  the commission

 

shall have  has final responsibility for the approval of education

 

or training  standards and  programs.

 

     Sec. 6. (1) Application for registration as a building

 

official, plan reviewer, or inspector shall be  made  submitted to

 

the appropriate board listed in section 4(2) and to the commission

 

along with the fee prescribed in section 13.

 

      (2) Any person who on the effective date of this act has been

 

engaged in the business of a building official, plan reviewer, or

 

inspector for a period of 3 years shall, upon furnishing the

 

appropriate board listed in section 4(2) with satisfactory evidence

 

of having been so engaged, be registered if the person makes

 

application to the commission within 6 months after the effective

 

date of this act, and pays the fee prescribed in section 13.

 

     (3) Any person who, on the effective date of this act, has

 

been engaged in the business of a building official, plan reviewer,

 

or inspector for a period of less than 3 years shall, upon

 

furnishing the board with satisfactory evidence of having been so

 

engaged, be provisionally registered if the person makes

 

application to the commission within 6 months after the effective

 

date of this act and pays the fee prescribed in section 13.

 

     (4) Any person who, on the effective date of this act, has

 

been engaged in the business of a building official, plan reviewer,

 

or inspector for 3 of the 5 years immediately preceding the date of

 

application shall, upon furnishing the appropriate board listed in


 

section 4(2) with satisfactory evidence of having been so engaged,

 

be registered, if the person makes application to the commission

 

and pays the fee prescribed in section 13.

 

     (2)   (5)  The commission may issue an initial registration

 

for a period of more or less than 3 years for the purpose of

 

allowing subsequent registration renewal to coincide with the code

 

change cycle.

 

     Sec. 7. (1)  A  Except as otherwise provided for in section

 

6(2), a registered building official, plan reviewer, or inspector

 

shall renew the registration at periods of not less than 3 years

 

after the date of initial issue. The renewal shall  that coincide

 

with the code change cycle  of the code which  that the person is

 

enforcing in that jurisdiction.

 

     (2) Reregistration or renewal of an initial registration or

 

provisional registration shall be based upon a determination, by

 

the appropriate board listed in section 4(2) , of the applicant's

 

familiarity with changes to the applicable codes administered and

 

enforced within the jurisdiction of the enforcing agency employing

 

the applicant and pertinent laws, and the presentation of

 

satisfactory evidence of attending local in-service  training and  

 

education or training programs on an ongoing basis.

 

     (3) The commission shall not waive or diminish the experience

 

requirements established by this act or by rules promulgated under

 

this act relative to an applicant for registration and shall not

 

extend any time periods established by this act or by rules

 

promulgated under this act regarding the filing of an application

 

or the completion of the required hours of attendance of education


 

or training programs.

 

     Sec. 8. This act does not supersede the requirements

 

applicable to inspectors contained in  Act No. 266 of the Public

 

Acts of 1929, being sections 338.901 to 338.917 of the Michigan

 

Compiled Laws, or Act No. 217 of the Public Acts of 1956, being

 

sections 338.881 to 338.892 of the Michigan Compiled Laws  the

 

state plumbing act, 2002 PA 733, MCL 338.3511 to 338.3569, or the

 

electrical administrative act, 1956 PA 217, MCL 338.881 to 338.892.

 

     Sec. 8a. A person subject to this act who commits 1 or more of

 

the following is subject to the sanctions or penalties prescribed

 

in section 8e:

 

     (a) Practices fraud or deceit to obtain a registration or

 

reregistration.

 

     (b) Practices fraud, deceit, or dishonesty in the performance

 

of his or her duties.

 

     (c) Fails to perform his or her duties in a professional

 

manner.

 

     (d) Fails to perform his or her duties in a timely manner.

 

     (e) Fails to apply the code in a consistent and uniform

 

manner.

 

     (f) Fails to follow or enforce a published interpretation.

 

     (g) Demonstrates a lack of good moral character.

 

     (h) Commits an act that demonstrates incompetence.

 

     (i) Commits an act that demonstrates negligence in the

 

performance of his or her duties.

 

     (j) Commits an act of gross negligence in the performance of

 

his or her duties.


 

     (k) Violates a provision of this act or a rule promulgated

 

under this act.

 

     (l) Violates a provision of the code, the Stille-DeRossett-Hale

 

single state construction code act, 1972 PA 230, MCL 125.1501 to

 

125.1531, or a rule promulgated under the that act.

 

     (m) Commits an act that constitutes a conflict of interest as

 

described in section 10.

 

     (n) Exercises poor judgment in the performance of his or her

 

duties.

 

     (o) Accepts a gratuity or other valuable consideration for the

 

performance of his or her duty from other than the enforcing agency

 

that employs him or her.

 

     (p) Fails to comply with a subpoena issued under this act.

 

     (q) Fails to respond to a citation issued under this act.

 

     (r) Violates or fails to comply with an order issued by the

 

disciplinary board, including a stipulation, settlement agreement,

 

or a citation.

 

     (s) Performs the duties of a building official, plan reviewer,

 

or inspector without a valid registration.

 

     Sec. 8b. (1) The disciplinary board is created within the

 

department to determine whether an individual has violated this

 

act, a rule promulgated under this act, or an order issued under

 

this act and to determine the appropriate discipline for each

 

violation.

 

     (2) The disciplinary board shall consist of 33 members

 

appointed by the governor with the advice and consent of the

 

senate. Of those members first appointed, 1 from each subdivision


 

shall be appointed for a term of 1 year, 1 from each subdivision

 

shall be appointed for a term of 2 years, and 1 from each

 

subdivision shall be appointed for a term of 3 years. All

 

subsequent appointments shall be for a term of 3 years. The

 

disciplinary board shall consist of the following:

 

     (a) Three building officials registered under this act.

 

     (b) Three residential builders licensed under article 24 of

 

the occupational code, 1980 PA 299, MCL 339.2401 to 339.2412.

 

     (c) Three electrical inspectors registered under this act.

 

     (d) Three electrical contractors licensed under the electrical

 

administrative act, 1956 PA 217, MCL 338.881 to 338.892.

 

     (e) Three plumbing inspectors registered under this act.

 

     (f) Three plumbers licensed under the state plumbing act, 2002

 

PA 733, MCL 338.3511 to 338.3569.

 

     (g) Three plan reviewers licensed under this act.

 

     (h) Three architects licensed under article 20 of the

 

occupational code, 1980 PA 299, MCL 339.2001 to 339.2014.

 

     (i) Three mechanical inspectors registered under this act.

 

     (j) Three mechanical contractors registered under the Forbes

 

mechanical contractors act, 1984 PA 192, MCL 338.971 to 338.988.

 

     (k) Three members of the general public with knowledge and

 

skill of the code. Not more than 1 member of the general public may

 

be affiliated with a labor organization.

 

     (3) The disciplinary board shall be divided into 5 panels.

 

Each panel shall hear complaints relative to its part of the code.

 

A member of the general public shall chair each panel. The panels

 

shall be comprised as follows:


 

     (a) The building code panel shall consist of the 3 building

 

officials, the 3 residential builders, and the 3 members of the

 

general public.

 

     (b) The electrical code panel shall consist of the 3

 

electrical inspectors, the 3 electrical contractors, and the 3

 

members of the general public.

 

     (c) The plumbing panel shall consist of the 3 plumbing

 

inspectors, the 3 plumbers, and the 3 members of the general

 

public.

 

     (d) The plan review panel shall consist of the 3 plan

 

reviewers, the 3 architects, and the 3 members of the general

 

public.

 

     (e) The mechanical panel shall consist of the 3 mechanical

 

inspectors, the 3 mechanical contractors, and the 3 members of the

 

general public.

 

     Sec. 8c. (1) A complaint that alleges that a person has

 

violated this act, a rule promulgated under this act, or an order

 

issued under this act shall be lodged with the department not later

 

than 18 months after the alleged violation occurs. The department

 

of attorney general, the department, a licensing board, or any

 

other person may file a complaint. The complaint shall describe in

 

writing to the department the factual basis for the allegation. The

 

department shall forward a copy of the complaint to the enforcing

 

agency that employs the respondent.

 

     (2) The department shall presume the innocence of the

 

respondent throughout the proceedings until the appropriate panel

 

of the disciplinary board as described in section 8b(3) holds a


 

hearing and makes its findings of fact and conclusions of law. The

 

respondent has the burden of refuting evidence presented by the

 

complainant during the process.

 

     (3) The enforcing agency that employs the respondent may

 

appear as a party of interest at any proceedings resulting from the

 

complaint.

 

     Sec. 8d. (1) A panel of the disciplinary board as described in

 

section 8b(3) shall conduct its hearings in accordance with the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328.

 

     (2) Each panel of the disciplinary board shall render its

 

written decision within 30 business days after the hearing.

 

     Sec. 8e. (1) The appropriate panel of the disciplinary board

 

as described in section 8b(3) may recommend that 1 or more of the

 

following sanctions or penalties be imposed upon an individual who

 

violates this act, a rule promulgated under this act, or an order

 

issued under this act:

 

     (a) Censure an individual.

 

     (b) Place limitations on a registration.

 

     (c) Suspend a registration.

 

     (d) Revoke a registration.

 

     (e) Deny a future registration or deny reregistration for a

 

stated period of time.

 

     (f) Order restitution and costs to a complainant.

 

     (g) Order a civil fine not to exceed $10,000.00 per violation,

 

to be paid to the department.

 

     (h) Place an individual on probation with automatic penalties


 

or sanctions assessed for any subsequent violation.

 

     (2) After reviewing the decision of the panel of the

 

disciplinary board, the director of the department shall enter an

 

order imposing 1 or more of the penalties described in subsection

 

(1) or shall dismiss the complaint.

 

     (3) A person who acts as a building official, plan reviewer,

 

or inspector without a valid registration is guilty of a

 

misdemeanor punishable by a fine of not more than $5,000.00 or

 

imprisonment for not more than 93 days, or both.

 

     Sec. 8f. (1) A party or an interested person may appeal an

 

order issued pursuant to a decision of a panel of the disciplinary

 

board to the commission within 10 business days after the director

 

of the department has issued his or her order. The appeal shall be

 

heard de novo by the commission.

 

     (2) The decision of the panel of the disciplinary board is

 

considered final if not appealed to the commission within the time

 

period prescribed in subsection (1) and is considered an exhaustion

 

of all administrative remedies.

 

     Sec. 8g. The remedies under this act are cumulative and

 

independent. The use of 1 remedy by a person does not bar the use

 

of other lawful remedies by that person or the use of a lawful

 

remedy by another person.

 

     Sec. 10. (1) Performing instructional duties for educational

 

purposes and providing contractual inspection and consulting

 

services in  construction  code enforcement  shall  are not  be  

 

considered conflicts of interest.

 

     (2) An inspector  shall  is not  be  permitted to inspect his


 

or her own work in a governmental subdivision.  As used in this

 

subsection and subsection (3), "governmental subdivision" means

 

governmental subdivision as defined in section 2(1)(t) of the state

 

construction code act of 1972, Act No. 230 of the Public Acts of

 

1972, being section 125.1502 of the Michigan Compiled Laws.

 

     (3) A building official or inspector shall not serve on a

 

zoning board or planning board in any governmental subdivision in

 

which he or she performs inspection and consulting services.

 

     (4)   (3)  A governmental subdivision may establish additional

 

requirements and restrictions in the selection and hiring of

 

construction code enforcement building officials, inspectors, and

 

plan reviewers.

 

     (5)   (4)  This act shall not be construed to limit or

 

restrict the type of internal administrative organization an

 

enforcing agency may choose, or to limit or otherwise affect the

 

authority of the enforcing agency to dismiss or suspend a building

 

official, inspector, or plan reviewer at its discretion.

 

     Sec. 12.  (1) Subject to subsection (2), after 1 year after

 

the effective date of this act, a person shall not be appointed or

 

employed as a building official, inspector, or plan reviewer by an

 

enforcing agency, unless the person is registered under this act

 

and the rules promulgated under this act.

 

     (1)   (2) Any  A person who  , after the effective date of

 

this act,  becomes employed by a governmental subdivision as a

 

building official, plan reviewer, or inspector shall within 30 days

 

of employment  make application  apply to the commission for

 

provisional registration. Upon furnishing  the board with  


 

satisfactory evidence of being so employed by a governmental

 

subdivision and upon payment of the fees prescribed in section 13,

 

the  person  commission shall  be provisionally registered  issue a

 

provisional registration to the person.

 

     (2)   (3)  If the commission determines that an applicant for

 

registration does not qualify for registration, the applicant shall

 

be notified of that fact in writing and may appeal an adverse

 

decision in the manner provided by  Act No. 306 of the Public Acts

 

of 1969, being sections 24.201 to 24.328 of the Michigan Compiled

 

Laws  the administrative procedures act of 1969, 1969 PA 306, MCL

 

24.201 to 24.328.

 

     Sec. 13. (1) The commission shall charge fees for registration

 

and reregistration of building officials, inspectors, and plan

 

reviewers and for the examination and evaluation of education or

 

training  and educational  programs.  and courses.  An applicant

 

for registration or reregistration shall pay a per-year

 

registration fee  of $10.00 a year to the commission for each year

 

the registration covers  equal to the per-year fee paid by the

 

licensed occupation whose work he or she is inspecting.

 

     (2)  Fees  Additional fees established by the commission for

 

tests and evaluation of education or training programs shall bear a

 

reasonable relation to the cost for conducting the tests and

 

education or training  and educational  programs.  and courses.

 

     (3) Fees received by the commission pursuant to this act shall

 

be deposited in the state construction code fund created by section

 

22 of the Stille-DeRossett-Hale single state construction code act,  

 

of 1972, Act No. 230 of the Public Acts of 1972, being section


 

125.1522 of the Michigan Compiled Laws  1972 PA 230, MCL 125.1522.

 

     Enacting section 1.  Section 9 of the building officials and

 

inspectors registration act, 1986 PA 54, MCL 338.2309, is repealed.