December 1, 2010, Introduced by Rep. Melton 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 2a and 8b (MCL 125.1502a and 125.1508b),
section 2a as added by 1999 PA 245 and section 8b as amended by
2006 PA 192.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2a. (1) As used in this act:
(a) "Agricultural or agricultural purposes" means of, or
pertaining to, or connected with, or engaged in agriculture or
tillage which is characterized by the act or business of
cultivating or using land and soil for the production of crops for
the use of animals or humans, and includes, but is not limited to,
purposes related to agriculture, farming, dairying, pasturage,
horticulture, floriculture, viticulture, and animal and poultry
husbandry.
(b) "Application for a building permit" means an application
for a building permit submitted to an enforcing agency pursuant to
this act and plans, specifications, surveys, statements, and other
material submitted to the enforcing agency together or in
connection with the application.
(c) "Barrier free design" means design complying with legal
requirements for architectural designs which eliminate the type of
barriers and hindrances that deter persons with disabilities from
having access to and free mobility in and around a building or
structure.
(d) "Board of appeals" means the construction board of appeals
of a governmental subdivision provided for in section 14.
(e) "Boards" means the state plumbing board created in section
13 of the state plumbing act, 2002 PA 733, MCL 338.3523, board of
mechanical rules created in section 3 of the Forbes mechanical
contractors
act, 1984 PA 192, MCL 338.973, and electrical
administrative
boards board created in
section 2 of the electrical
administrative act, 1956 PA 217, MCL 338.882, and the barrier free
design board created in section 5 of 1966 PA 1, MCL 125.1355.
(f) "Building" means a combination of materials, whether
portable or fixed, forming a structure affording a facility or
shelter for use or occupancy by persons, animals, or property.
Building does not include a building, whether temporary or
permanent, incidental to the use for agricultural purposes of the
land on which the building is located if it is not used in the
business
of retail trade. Building includes the meaning "or a part
or
parts of the building and all equipment in the building "
unless
the context clearly requires a different meaning.
(g) "Building envelope" means the elements of a building which
enclose conditioned spaces through which thermal energy may be
transferred to or from the exterior.
(h) "Business day" means a day of the year, exclusive of a
Saturday, Sunday, or legal holiday.
(i) "Chief elected official" means the chairperson of the
county board of commissioners, the city mayor, the village
president, or the township supervisor.
(j) "Code" means the state construction code provided for in
section 4 or a part of that code of limited application and
includes a modification of or amendment to the code.
(k) "Commission" means the state construction code commission
created
by section 3 3a.
(l) "Construction" means the construction, erection,
reconstruction, alteration, conversion, demolition, repair, moving,
or equipping of buildings or structures.
(m) "Construction regulation" means a law, act, rule,
regulation, or code, general or special, or compilation thereof,
enacted or adopted before or after January 1, 1973, by this state
including a department, board, bureau, commission, or other agency
thereof, relating to the design, construction, or use of buildings
and structures and the installation of equipment in the building or
structure. Construction regulation does not include a zoning
ordinance or rule issued pursuant to a zoning ordinance and related
to zoning.
(n) "Cost-effective", in reference to section 4(3)(f) and (g),
means, using the existing energy efficiency standards and
requirements as the base of comparison, the economic benefits of
the proposed energy efficiency standards and requirements will
exceed the economic costs of the requirements of the proposed rules
based upon an incremental multiyear analysis. All of the following
provisions apply:
(i) The analysis shall take into consideration the perspective
of a typical first-time home buyer.
(ii) The analysis shall consider benefits and costs over a 7-
year time period.
(iii) The analysis shall not assume fuel price increases in
excess of the assumed general rate of inflation.
(iv) The analysis shall assure that the buyer of a home who
qualifies to purchase the home before the addition of the energy
efficient standards would still qualify to purchase the same home
after the additional cost of the energy-saving construction
features.
(v) The analysis shall assure that the costs of principal,
interest, taxes, insurance, and utilities will not be greater after
the inclusion of the proposed cost of the additional energy-saving
construction features required by the proposed energy efficiency
rules as opposed to the provisions of the existing energy
efficiency rules.
(o)
"Department" means the department of consumer and industry
services
energy, labor, and economic
growth.
(p) "Director" means the director of the department or an
authorized representative of the director.
(q) "Energy conservation" means the efficient use of energy by
providing building envelopes with high thermal resistance and low
air leakage, and the selection of energy efficient mechanical,
electrical service, and illumination systems, equipment, devices,
or apparatus.
(r) "Enforcing agency" means the enforcing agency, in
accordance with section 8a or 8b, which is responsible for
administration and enforcement of the code within a governmental
subdivision, except for the purposes of section 19 enforcing agency
means the agency in a governmental unit or the private agency to
which the governmental unit has delegated certain ministerial
duties. An enforcing agency is principally responsible for the
administration and enforcement of applicable construction
regulations. In the case of a private agency possessing delegated
duties from the governmental unit, the governmental subdivision or
an official within the governmental subdivision has final authority
over any action taken or decision made by the private agency.
(s) "Equipment" means plumbing, heating, electrical,
ventilating, air conditioning, and refrigerating equipment.
(t) "Governmental subdivision" means a county, city, village,
or
township which in accordance with section 8 8a has
assumed
responsibility for administration and enforcement of this act and
the code within its jurisdiction.
(u) "Mobile home" means a vehicular, portable structure built
on a chassis 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, and designed to be used without a
permanent foundation as a dwelling when connected to required
utilities and which is, or is intended to be, attached to the
ground, to another structure, or to a utility system on the same
premises for more than 30 consecutive days.
(v) "Other laws and ordinances" means other laws and
ordinances whether enacted by this state or by a county, city,
village, or township and the rules issued under those laws and
ordinances.
(w) "Owner" means the owner of the freehold of the premises or
lesser estate in the premises, a mortgagee or vendee in possession,
an assignee of rents, receiver, executor, trustee, lessee, or any
other person, sole proprietorship, partnership, association, or
corporation directly or indirectly in control of a building,
structure, or real property or his or her duly authorized agent.
(x) "Person with disabilities" means an individual whose
physical characteristics have a particular relationship to that
individual's ability to be self-reliant in the individual's
movement throughout and use of the building environment.
(y) "Premanufactured unit" means an assembly of materials or
products intended to comprise all or part of a building or
structure, and which is assembled at other than the final location
of the unit of the building or structures by a repetitive process
under
circumstances intended to insure ensure uniformity of quality
and material content. Premanufactured unit includes a mobile home.
(z) "Structure" means that which is built or constructed, an
edifice or building of any kind, or a piece of work artificially
built up or composed of parts joined together in some definite
manner. Structure does not include a structure incident to the use
for agricultural purposes of the land on which the structure is
located and does not include works of heavy civil construction
including, but not limited to, a highway, bridge, dam, reservoir,
lock, mine, harbor, dockside port facility, an airport landing
facility and facilities for the generation or transmission, or
distribution
of electricity. Structure includes the meaning "or a
part
or parts of the structure and all equipment in the structure "
unless the context clearly requires a different meaning.
(2) Unless the context clearly indicates otherwise, a
reference to this act, or to this act and the code, means this act
and rules promulgated pursuant to this act including the code.
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 agent or delegated 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 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 shall 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 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 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 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, through an enforcing agency, 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 29.33; 1937 PA 306, MCL
388.851
to 388.855a; the 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 333.21571 and 333.21701 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 333.21571 and 333.21701 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 prohibit 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.