January 26, 2012, Introduced by Rep. Meadows and referred to the Committee on Education.
A bill to amend 1937 PA 306, entitled
"An act to promote the safety, welfare, and educational interests
of the people of the state of Michigan by regulating the
construction, reconstruction, and remodeling of certain public or
private school buildings or additions to such buildings, by
regulating the construction, reconstruction, and remodeling of
buildings leased or acquired for school purposes, and to define the
class of buildings affected by this act; to prescribe the powers
and duties of certain state agencies and officials; to prescribe
penalties for the violation of this act; and to repeal acts and
parts of acts,"
by amending the title and sections 1b and 5a (MCL 388.851b and
388.855a), the title as amended by 2002 PA 628 and sections 1b and
5a as amended by 2006 PA 199, and by adding section 3a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An
act to promote the safety, welfare, and educational
interests
of the people of the state of Michigan by regulating
regulate the construction, reconstruction, and remodeling of
certain public or private school buildings or additions to such
buildings; ,
by regulating to regulate the construction,
reconstruction, and remodeling of buildings leased or acquired for
school
purposes; , and to
provide for inspections of school
buildings; to define the class of buildings affected by this act;
to prescribe the powers and duties of certain state agencies and
officials; to prescribe penalties for the violation of this act;
and to repeal acts and parts of acts.
Sec. 1b. (1) Except as otherwise provided in this act, the
department is responsible for the administration and enforcement of
this act and the Stille-DeRossett-Hale single state construction
code act, 1972 PA 230, MCL 125.1501 to 125.1531, in each school
building in this state.
(2) Except as provided in subsection (5), a school building
covered by bond issues that were approved by the department of
treasury after July 1, 2003 shall not be constructed, remodeled, or
reconstructed in this state until written approval of the plans and
specifications is obtained from the department indicating that the
school building will be designed and constructed in conformance
with the code. This subsection does not apply to any school
building for which construction is covered by bond issues that were
approved by the department of treasury before July 1, 2003.
(3)
Responsibility for inspections Inspections
of school
buildings
shall be determined performed
by 1 of the following:
methods:
(a)
By an An independent third party. For inspections in
conjunction with the construction, remodeling, or reconstruction of
a school building, the independent third party shall be designated
in the contract governing the construction, remodeling, or
reconstruction. of
a school building. The independent third party
shall
be is responsible for all such inspections required to
insure
ensure compliance with the code. The school authority shall verify
that
the independent third party named is knowledgeable about
construction practices and codes and is otherwise qualified to
conduct the inspections. The school authority shall submit to the
department the name of the independent third party to be
responsible
for conducting inspections. shall be submitted to the
department
For inspections in
conjunction with the construction,
remodeling, or reconstruction of a school building, the name of the
independent third party shall be submitted with the plans and
specifications required by subsection (2). If the department
determines that the independent third party is not qualified to
conduct the inspections or is not an independent third party, it
shall disapprove of the designation and notify the school
authority. All inspection reports prepared by the person designated
by the school authority under this subdivision shall be sent to the
department upon completion of the inspection. The department may
return the report for further work if there are questions relating
to the scope of the inspection or whether the school building or
the construction, remodeling, or reconstruction meets the
requirements of the code.
(b)
If a designation of an independent third party is not made
designated
as required under subdivision (a), the
inspections
required
to insure compliance with the code will be performed by
the department or an applicable agency as provided under subsection
(5).
(4) Except as provided in subsection (5), the department shall
perform
do all of the following:
(a)
Perform all plan reviews for school
buildings all plan
reviews
within 60 days from after the
date the plans are filed. or
If the department fails to timely review plans, the plans are
considered
approved. and
(b) Subject to subsection (3)(b), perform inspections within 5
business
days as required by the code. and shall be
(c) Be the enforcing agency for this act.
(5) The department shall delegate the responsibility for the
administration and enforcement of this act to the applicable agency
if both the school board and the governing body of the governmental
subdivision have annually certified to the department, in a manner
prescribed by the department, that full-time code officials,
inspectors, and plan reviewers registered under the building
officials and inspectors registration act, 1986 PA 54, MCL 338.2301
to 338.2313, will conduct plan reviews and inspections of school
buildings.
(6) This section does not affect the responsibilities of the
bureau of fire services under the fire prevention code, 1941 PA
207,
MCL 29.1 to 29.34. 29.33. The bureau of construction codes and
safety and the bureau of fire services in the department shall
jointly develop procedures to use the plans and specifications
submitted in carrying out the requirements of this act and the fire
prevention
code, 1941 PA 207, MCL 29.1 to 29.34. 29.33. A
certificate of occupancy shall not be issued by the appropriate
code
enforcement agency until a certificate of approval compliance
has been issued under the fire prevention code, 1941 PA 207, MCL
29.1
to 29.34.29.33.
(7) This section applies to construction, remodeling, or
reconstruction of school buildings that are covered by bond issues
that were approved by the department of treasury after July 1,
2003. Construction, remodeling, or reconstruction of school
buildings that are covered by bond issues approved before July 1,
2003 shall submit the plans and specifications to the department
for approval under section 1. The department shall not grant
approval until it has received the certification described in
section 3 relative to fire safety and from the appropriate health
department relative to water supply, sanitation, and food handling.
(8) As used in this section:
(a) "Code" means the state construction code provided for in
the Stille-DeRossett-Hale single state construction code act, 1972
PA 230, MCL 125.1501 to 125.1531.
(b) "Construction" means that term as defined in section 2a of
the Stille-DeRossett-Hale single state construction code act, 1972
PA 230, MCL 125.1502a.
(c)
"Department" means the department of labor and economic
growth.licensing and regulatory affairs.
Sec. 3a. (1) A school authority shall ensure that each school
building under its control is inspected for compliance with the
code by July 1, 2014 and once every 5 years thereafter. Inspections
under this section shall be performed as provided under section
1b(3).
(2) If an inspection under this section discloses a violation
of the code, the school authority shall correct the violation
within a reasonable time.
(3) A person who violates this section is subject to the same
sanctions as provided in section 2(3).
(4) As used in this section, "code" means that term as defined
in section 1b.
Sec. 5a. (1) Except as provided in this section, this act does
not apply to 1-story school buildings, to 1-story additions to
school buildings, or to the construction, reconstruction, or
remodeling of a school building if the total cost of construction,
reconstruction, or remodeling is less than $15,000.00.
(2) Section 1(a) applies to the construction of all school
buildings and additions to school buildings regardless of the
number of stories of the buildings or additions if the total cost
of
construction exceeds is $15,000.00
or more.
(3) Section 1(d) applies to the construction of all school
buildings and additions to school buildings of 1 or more stories
regardless of the cost of construction.
(4) Section 3a applies to all school buildings.
(5) (4)
This act applies to the
reconstruction of a school
building destroyed or partially destroyed by fire, windstorm, or
other catastrophe if more than 50% of the entire building is
destroyed. The bureau of fire services created in section 1b of the
fire prevention code, 1941 PA 207, MCL 29.1b, acting jointly with
the superintendent of public instruction, may require that the
damaged portion or the remaining portion of the building, or both,
be remodeled or reconstructed in accordance with this act.
(6) (5)
This act applies to the remodeling
of existing school
buildings and other buildings to be used for school purposes.
(7) (6)
An existing building or part of an
existing building,
regardless of the number of stories or the cost to the school
district of the building, that has not been used as a school
building shall not be used as a school building unless it is
approved by the superintendent of public instruction and the bureau
of fire services.
(8) (7)
If the construction,
reconstruction, or remodeling of
a
school building costs less than $15,000.00, it is not necessary
the school authority is not required to employ a registered
architect or engineer, but shall submit the plans for the building
shall
be submitted to the bureau of fire
services and to the
superintendent of public instruction or the superintendent's
authorized agent for criticism, suggestions, and approval.