September 10, 2009, Introduced by Reps. Proos, Horn, Crawford, Wayne Schmidt, Tyler, Haines, DeShazor and Lori and referred to the Committee on Appropriations.
A bill to amend 1941 PA 207, entitled
"Fire prevention code,"
by amending sections 3c, 5c, 5d, 5e, 5i, 5j, 5n, 5o, and 5p (MCL
29.3c, 29.5c, 29.5d, 29.5e, 29.5i, 29.5j, 29.5n, 29.5o, and 29.5p),
as amended by 2006 PA 189.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3c. (1) The bureau shall promulgate rules as provided
under section 2a pertaining to fire safety requirements for the
construction, operation, or maintenance of all of the following:
(a) Schools and dormitories, including state supported
schools, colleges, and universities and school, college, and
university dormitories.
(b) Buildings owned or leased by this state.
(c) A health facility or agency as defined in section 20106 of
the public health code, 1978 PA 368, MCL 333.20106.
(d) Places of public assemblage.
(e) Penal facilities as described in section 62 of the
corrections code of 1953, 1953 PA 232, MCL 791.262.
(f) Mental facilities as described in section 135 of the
mental health code, 1974 PA 258, MCL 330.1135.
(2) The bureau shall promulgate other rules as provided in
section 2a as necessary to implement this act.
(3)
Consistent with Executive Reorganization Order Nos. 1997-2
and
1998-2, MCL 29.451 and 29.461, the The
department of
environmental
quality natural resources shall promulgate rules
pertaining to all of the following:
(a) Fire safety requirements for the construction, operation,
and maintenance of dry cleaning establishments that use flammable
liquids.
(b) The storage, transportation, and handling of liquefied
petroleum gas and for the storage, noncommercial transportation,
and handling of other hazardous materials to the extent authorized
by federal law.
(4) Rules promulgated under this act shall be consistent with
recognized good practice as evidenced by standards adopted by
nationally recognized authorities in the field of fire protection.
Experiences identified in the fire incident reports received by
this state may be considered by the board and the bureau when
reviewing rules promulgated or considering promulgation of new
rules under this act.
(5) The bureau shall promulgate rules as provided under
section 2a for the certification of a firm that does any of the
following:
(a) Installs, modifies, or documents the installation or
modification of a fire suppression system.
(b) Documents the installation or modification of a fire alarm
system.
(c) Performs testing, servicing, inspections, or maintenance
that has not been exempted by the rules promulgated by the bureau
on fire alarm systems or fire suppression systems.
(d) Submits a drawing, plan, or specification of a fire alarm
system or fire suppression system to the bureau for approval under
section 29, except an architect or professional engineer licensed
under article 20 of the occupational code, 1980 PA 299, MCL
339.2001 to 339.2014.
(6) A person may request a variation of the application of a
rule promulgated under this act by applying to the state fire
marshal. The state fire marshal may make a variation upon a finding
that the variation does not result in a hazard to life or property.
The finding shall be transmitted to the person requesting the
variation and entered into the records of the bureau. If the
variation requested concerns a building, the finding shall also be
transmitted to the governing body of the city, village, or township
in which the building is located.
(7) The entire board, except as provided in section 3b(4),
shall act as a hearing body in accordance with the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to
review and decide a contested case or a ruling of the state fire
marshal interpreting or applying the rules. After a hearing, the
board may vary the application of a rule or may modify the ruling
or interpretation of the state fire marshal if the enforcement of
the ruling or interpretation would do manifest injustice and would
be contrary to the spirit and purpose of the rules or the public
interest.
(8) A decision of the board to vary the application of a rule,
or to modify or change a ruling of the state fire marshal, shall
specify the variation, modification, or change made, the conditions
upon which it is made, and the reasons for the variation,
modification, or change.
(9) If a local school board passed a resolution calling for an
election on the question of the issuance of bonds for the
construction or remodeling of or an addition to a school, if the
election was held not later than September 28, 1989 and approved
issuance of the bonds, and if construction was reasonably
anticipated to begin not later than June 30, 1990, the
construction, remodeling, or addition to that school was exempt
from the rules promulgated by the fire safety board entitled
"schools, colleges, and universities", former R 29.301 to R 29.321
of the Michigan administrative code, filed with the secretary of
state on July 14, 1989 and effective on July 29, 1989. The
construction, remodeling, or addition to that school was, however,
subject to the standards contained in rules promulgated by the
board entitled "school fire safety", former R 29.1 to R 29.298 of
the Michigan administrative code.
Sec. 5c. (1) A person shall not establish or maintain 1 or
more of the following without obtaining a certificate from the
department
of environmental quality natural
resources:
(a) A flammable compressed gas or liquefied petroleum gas
container filling location.
(b) An aboveground flammable compressed gas or liquefied
petroleum gas storage location that has a tank with a water
capacity of more than 2,000 gallons or has 2 or more tanks with an
aggregate water capacity of more than 4,000 gallons.
(c) An aboveground storage location for a flammable liquid or
combustible liquid that has an individual tank storage capacity of
more than 1,100 gallons. Crude petroleum collection tanks that
receive crude petroleum directly from a wellhead and are certified
by
the department of environmental quality natural resources may be
maintained without further inspection by the department of
environmental
quality natural resources, except as the department
of
environmental quality natural
resources considers necessary to
assure compliance with this act.
(2)
The department of environmental quality natural resources
may require that a person obtain approval from the department of
environmental
quality natural resources before the installation of
an aboveground storage tank for flammable or combustible liquids
that has an individual tank storage capacity of 1,100 gallons or
less. However, this requirement does not apply to farm location
storage tanks of 1,100 gallons or less capacity used for storing
motor fuel for noncommercial purposes or heating oil for
consumptive use on the premises where stored.
Sec. 5d. (1) The certificates specified in section 5c shall be
issued
every 3 years by the department of environmental quality
natural
resources after the department of environmental
quality
natural resources determines by an inspection that the firm
location is in satisfactory compliance with this act. The
department
of environmental quality natural
resources may authorize
a firm specified in section 5c to conduct inspections required in
this
section after application to the department of environmental
quality
natural resources and payment of an annual fee of
$1,000.00. Upon annual determination by the department of
environmental
quality natural resources that the firm is in
satisfactory compliance with this act, the department of
environmental
quality natural resources may grant the
authorization. This authorization may be revoked by the department
of
environmental quality natural
resources for cause. Firms
authorized to conduct inspections required in this section are
exempt from the fees provided in subsection (2). The department of
environmental
quality natural resources may review procedures
utilized by the firm to assure compliance with this act.
(2) Each firm required to be certified under section 5c shall
submit an installation application to the department of
environmental
quality natural resources according to rules
promulgated under this act. Each firm shall pay a fee of $203.00
per tank. This fee shall be submitted with the installation
application
to the department of environmental quality natural
resources. The department of environmental quality natural
resources shall not approve an installation application unless this
fee has been paid as required in this subsection. Payment of this
fee shall waive the first annual storage tank fee required in this
subsection. The owner of a firm specified in section 5c shall pay
an annual fee of $61.50 for each tank located at each storage or
filling location specified in section 5c. Fees required by this
subsection shall be paid before the issuance of a certificate when
storage tanks operated by firms described in section 5c are used
and until such tanks are closed or removed, and notification of the
closure
or removal is received by the department of environmental
quality
natural resources. Owners of firms described in section 5c
shall
notify the department of environmental quality natural
resources of the closure or removal of storage tanks within 30 days
after closure or removal on a form provided by the department of
environmental
quality natural resources. Storage tanks that receive
crude petroleum directly from a wellhead are exempt from fees under
this section.
(3)
Beginning October 1, 1990, a A
local unit of government
shall not enact or enforce a provision of an ordinance that
requires a permit, license, approval, inspection, or the payment of
a fee or tax for the installation, use, closure, or removal of an
aboveground storage tank system.
(4) The fees specified in subsection (2) shall be collected
and deposited into the hazardous materials storage tank regulatory
enforcement fund created in subsection (5).
(5) The hazardous materials storage tank regulatory
enforcement fund is created in the state treasury. The fund may
receive money as provided in this act and as otherwise provided by
law. The state treasurer shall direct the investment of the fund.
Interest and earnings of the fund shall be credited to the fund.
Money in the fund at the close of the fiscal year shall remain in
the fund and shall not revert to the general fund. The department
of natural resources shall be the administrator of the fund for
auditing purposes. Money in the fund shall be used only by the
department
of environmental quality natural
resources to enforce
this act and the rules promulgated under this act pertaining to the
delivery, dispensing, noncommercial transportation, or storage of
hazardous materials. If at the close of any fiscal year the amount
of money in the fund exceeds $1,000,000.00, the department of
environmental
quality natural resources shall not collect a fee for
the following year for the fund from existing storage tank systems.
After the fee has been suspended under this subsection, it shall
only be reinstated if at the close of any succeeding fiscal year,
the amount of money in the fund is less than $250,000.00. The
department of treasury shall, before November 1 of each year,
notify
the department of environmental quality natural resources of
the balance in the fund at the close of the preceding fiscal year.
Sec. 5e. Upon a finding of noncompliance with this act, or
rules promulgated pursuant to this act, the state fire marshal or
the
director of the department of environmental quality natural
resources may revoke or deny the renewal of a certificate obtained
under section 5c and order the person or firm required to be
certified to cease all or part of its operation until the firm is
in compliance.
Sec. 5i. (1) A firm that is engaged in a dry cleaning
operation that uses a flammable liquid shall not establish or
maintain such an operation at a location unless the firm obtains a
certificate
from the department of environmental quality natural
resources for that location.
(2) A certificate shall not be issued until payment is made of
a fee of $15.00 for the first dry cleaning machine in the firm's
location and $6.00 for each additional dry cleaning machine in the
firm's location. Beginning October 1, 1981, the fees imposed by
this section shall be adjusted each year by the annual average
percentage increase or decrease in the Detroit consumer price
index—all items. The adjustment shall be made by multiplying the
annual average percentage increase or decrease in the Detroit
consumer price index for the prior calendar year by the current fee
as adjusted by this subsection. The resultant product shall be
added to the current fee as adjusted by this subsection and then
rounded off to the nearest half dollar which shall be the new fee.
(3) This section applies when a class IV installation is
operated in the same building or establishment as other classes of
dry cleaning installations.
(4) As used in this section, "class IV installation" means
that term as defined in section 13301 of the public health code,
1978 PA 368, MCL 333.13301.
Sec. 5j. (1) Each terminal at which a tank filled by pipeline
is located shall comply with the following requirements:
(a) Each terminal shall be equipped with a high level alarm
system.
(b) The high level alarm system shall be set to activate at a
predetermined level in each tank filled by pipeline at the terminal
to allow sufficient time for the flow of the flammable liquid to be
shut down before the tank overfills. The level shall be determined
by the maximum filling rate expected and the time required for
personnel to take appropriate action to stop the flow of the
flammable liquid.
(c) The high level alarm system shall be maintained in
accordance with its manufacturer's recommendations.
(d) The high level alarm system shall be tested every 3 months
by the owner of the terminal and a record of the test shall be
maintained.
(2) A device shall not be used in a high level alarm system
described in subsection (1) unless the device has been tested for
its intended use by a nationally recognized testing laboratory as
determined
by the director of the department of environmental
quality
natural resources.
(3) Plans and specifications for a high level alarm system
described in subsection (1) shall be submitted to the director of
the
department of environmental quality natural resources for
approval before the installation of the system.
(4) Upon the completion of the installation of a high level
alarm system described in subsection (1), the director of the
department
of environmental quality natural
resources shall be
notified and a final inspection shall be made to determine if the
installation is in compliance with this section.
(5) The owner of a terminal described in subsection (1) shall
develop a fire and emergency plan in conjunction with the organized
fire department having jurisdiction over the terminal.
Sec. 5n. A firm shall not deliver a flammable liquid that has
a flash point below 100 degrees Fahrenheit directly into an above
ground liquid storage tank by pipeline at a remote control terminal
unless the firm does each of the following:
(a) Furnishes to the director of the department of
environmental
quality natural resources, and receives the approval
from
the director of the department of environmental quality
natural resources of, a detailed description of the firm's
capabilities and procedures to deliver a flammable liquid by remote
control to an above ground liquid storage tank.
(b) Furnishes to the director of the department of
environmental
quality natural resources, and receives the approval
from
the director of the department of environmental quality
natural resources of, a description of the firm's procedures to be
followed if an above ground storage tank is overfilled.
Sec.
5o. (1) The director of the department of environmental
quality
natural resources may, at the request of the organized fire
department having jurisdiction over a terminal, require additional
safety equipment and procedures when the public safety is
endangered.
(2) A person may request a variation of the requirements of
section 5j, 5k, 5l, 5m, or 5n, or subsection (1), under the
procedures provided in section 3c.
(3) A local unit of government shall not enact an ordinance or
ordinances more restrictive than the requirements included in
sections 5j to 5n.
Sec. 5p. (1) A person who is an employer under the Michigan
occupational safety and health act, 1974 PA 154, MCL 408.1001 to
408.1094,
shall provide, the information described in this section
upon written request by the fire chief for the jurisdiction where
the
person is located, .
(2)
A person subject to this section shall, subject to
subsection
(1), provide a copy of a list
required to be developed
by the standard incorporated by reference in section 14a of the
Michigan occupational safety and health act, 1974 PA 154, MCL
408.1014a, and a material safety data sheet for each hazardous
chemical identified on the list. The person shall provide the
information within 10 working days after receipt of the request.
(2) (3)
Except as provided in subsection (4)
(3), a person
subject to this section shall provide a description of the quantity
and location of any hazardous chemical specified by the fire chief
for the jurisdiction where the person is located within 10 working
days after receipt of a written request made by the fire chief
after
review of a list provided under subsection (2) (1).
Upon
request, the fire chief may extend the time to provide the
information
described in this subsection by 5 working business
days. The information obtained by a fire chief under this
subsection may be made available to a public official, agency, or
employee, but is exempt from disclosure under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(3) (4)
The department of environmental
quality natural
resources may promulgate rules to exempt from the application of
subsection
(3) (2) de minimis and portable quantities of hazardous
chemicals.
(4) (5)
A person subject to this section
shall provide to the
fire chief for the jurisdiction where the person is located a
written update of information required by this section when there
is a significant change relating to fire hazards in the quantity,
location, or presence of hazardous chemicals in the person's
workplace.
(5) (6)
An ordinance, law, rule,
regulation, policy, or
practice of a city, township, village, county, governmental
authority created by statute, or other political subdivision of the
state shall not require that a person who is an employer under the
Michigan occupational safety and health act, 1974 PA 154, MCL
408.1001 to 408.1094, provide to a fire chief information regarding
hazardous chemicals in the workplace in any other manner or to any
greater extent than is required by this section or rules authorized
by this section.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 807 or House Bill No.____ (request no.
04046'09) of the 95th Legislature is enacted into law.