HOUSE BILL No. 4575

March 12, 2009, Introduced by Reps. Ebli, Miller, Roberts, Kennedy, Valentine and Meadows and referred to the Committee on Regulatory Reform.

A bill to amend 1972 PA 230, entitled

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

by amending sections 1, 4, and 8a (MCL 125.1501, 125.1504, and

125.1508a), section 1 as amended and section 8a as added by 1999 PA

245 and section 4 as amended by 2004 PA 584.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. This act shall be known and may be cited as the

"Stille-DeRossett-Hale ~~single~~ state construction code act".

Sec. 4. (1) The director shall prepare and promulgate, or

allow the adoption of, the state construction code or another

approved code consisting of rules governing the construction, use,

and occupation of buildings and structures, including land area

incidental to the buildings and structures, the manufacture and

installation of building components and equipment, the construction

and installation of premanufactured units, the standards and

requirements for materials to be used in connection with the units,

and other requirements relating to the safety, including safety

from fire, and sanitation facilities of the buildings and

structures.

(2) The state construction code shall consist of the

international residential code, the international building code,

the international mechanical code, the international plumbing code

published by the international code council, the national

electrical code published by the national fire prevention

association, and the Michigan uniform energy code with amendments,

additions, or deletions as the director determines appropriate. A

governmental subdivision may adopt its own code consisting of the

national green building standard, ICC-700, published by the

international code council or the current version of leadership in

energy and environmental design (LEED) green building rating system

at a specified level. The adoption shall be executed by an

ordinance duly adopted by the governmental subdivision and

submitted to the director.

(3) The code shall be designed to effectuate the general

purposes of this act and the following objectives and standards:

(a) To provide standards and requirements for construction and

construction materials consistent with nationally recognized

standards and requirements.

(b) To formulate standards and requirements, to the extent

practicable in terms of performance objectives, so as to make

adequate performance for the use intended the test of

acceptability.

technical methods, devices, and improvements, including

premanufactured units, consistent with reasonable requirements for

the health, safety, and welfare of the occupants and users of

buildings and structures.

(d) To eliminate restrictive, obsolete, conflicting, and

unnecessary construction regulations that tend to increase

construction costs unnecessarily or restrict the use of new

materials, products, or methods of construction, or provide

preferential treatment to types or classes of materials or products

or methods of construction.

(e) To insure adequate maintenance of buildings and structures

throughout this state and to adequately protect the health, safety,

and welfare of the people.

(f) To provide standards and requirements for cost-effective

energy efficiency that will be effective April 1, 1997.

(g) Upon periodic review, to continue to seek ever-improving,

cost-effective energy efficiencies.

(h) The development of a voluntary consumer information system

relating to energy efficiencies.

(4) The state construction code shall be divided into sections

as the director considers appropriate including, without

limitation, building, plumbing, electrical, and mechanical

sections. The boards shall participate in and work with the staff

of the director in the preparation of parts relating to their

functions. Before the promulgation of an amendment to the code, the

boards whose functions relate to that code shall be permitted to

draft and recommend to the director proposed language. The director

shall give consideration to all submissions by the boards. However,

the director has final responsibility for the promulgation of the

code.

(5) The code may incorporate the provisions of a code,

standard, or other material by reference. The director shall add,

amend, and rescind rules to update the code not less than once

every 3 years to coincide with the national code change cycle.

(6) Before the Michigan building code, the Michigan

residential code, the Michigan plumbing code, the Michigan

mechanical code, the Michigan uniform energy code, and the Michigan

rehabilitation code may be enforced, the director shall make each

Michigan-specific code available to the general public for at least

45 days in printed, electronic, or other form that does not require

the user to purchase additional documents or data in any form in

order to have an updated complete version of each specific code,

excluding other referenced standards within each code. This

subsection does not apply to any code effective before April 1,

2005. In the case of a code adopted by a governmental subdivision

and before enforcement of that code, the governmental subdivision

shall make the code available to the general public for at least 45

days in printed, electronic, or other form that does not require

the user to purchase additional documents or data.

Sec. 8a. (1) ~~This~~ Except as otherwise provided in subsection

(11), this act and the code apply throughout the state.

(2) Within 10 days after December 28, 1999, or the effective

date of ~~this~~ subsection (11), the director shall provide a notice

of intent form to all governmental subdivisions administering and

enforcing a nationally recognized model or other code other than

the code established by the commission under this act. This form

shall set forth the date return receipt is required, which date

shall not be less than 60 days after receipt. 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 administer and enforce 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 administer and enforce 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. The registered

notice shall indicate that the governmental subdivision has 15

additional days in which to submit a notice of intent to administer

and enforce 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 administer and enforce 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 that governmental subdivision is located has submitted

a notice of intent to continue to administer and enforce this act

and the code. Governmental subdivisions may provide by agreement

for joint enforcement of the code.

(3) A governmental subdivision that has elected to assume

responsibility for the administration and enforcement of this act

and the code, and has submitted a notice of intent to continue to

administer and enforce the code to the director pursuant to section

8b, after the effective date of this subsection or subsection (11),

may reverse that election.

(4) A governmental subdivision that, before 10 days after

December 28, 1999, or the effective date of ~~this~~ subsection (11),

has elected to exempt itself pursuant to ~~section 8(1)~~ this act may

reverse that election, making itself subject to the act and the

code. However, that action shall not take effect until 60 days

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

under an effective code shall be completed under that code.

(5) A governmental subdivision that, before 10 days after

December 28, 1999, or the effective date of ~~this~~ subsection (11),

has not administered and enforced either this act and the code or

another nationally recognized model code may elect to enforce 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 subsection or

subsection (11) shall submit, in addition to the ordinance, an

application to the commission for approval to administer and

enforce that 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 the code and all related acts and rules, that agency

personnel are provided as necessary, administrative services are

provided, plan review services are provided, and timely field

inspection services shall 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 the code that has been adopted and

transmit its findings to that 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 the code, the

governmental subdivision shall administer and enforce the code

within its jurisdiction pursuant to the provisions of its approved

application.

(6) The code or any of its sections shall take effect 6 months

after the code's initial promulgation. The 6-month delay does not

apply to rules promulgated to implement sections 13a, 13b, 13c, 19,

and 21 and the requirements of barrier free design and energy

conservation of this act and code. The 6-month delay does not apply

to amendments to the code or any of the code's sections after the

initial promulgation.

(7) The standards for premanufactured housing shall not be

less than the standards required for nonpremanufactured housing,

except that manufactured homes labeled pursuant to the national

manufactured housing construction and safety standards act of 1974,

title VI of the housing and community development act of 1974,

Public Law 93-383, 42 ~~U.S.C.~~ USC 5401 to 5426, shall be considered

to have complied with this requirement.

(8) The commission may limit the application of a part of the

code to include or exclude the following:

(a) Specified classes or types of buildings or structures,

according to use, or other distinctions as may make differentiation

or separate classification or regulation necessary, proper, or

desirable. The commission shall consider the specific problems of

the construction or alteration of a single family, owner-occupied

recreational dwelling that is located in a sparsely populated area

and that is to be occupied on a part-time basis.

(b) Specified areas of the state based on size, population

density, special conditions prevailing in the area, or other

factors as may make differentiation or separate classification or

regulation necessary, proper, or desirable.

(9) A building or structure that has baby changing stations in

the women's restrooms shall have baby changing stations in the

men's restrooms.

(10) The code shall provide, where appropriate, for standards

involving location and construction of ratwalls that are not less

than those standards in existence on the effective date of this

section.

(11) A governmental subdivision may adopt its own code

consisting of the national green building standard, ICC-700,

published by the international code council or the current version

of leadership in energy and environmental design (LEED) green

building rating system at a specified level. The adoption shall be