HOUSE BILL No. 5609

April 28, 2016, Introduced by Reps. Chang, Wittenberg, Yanez, Cochran, Durhal, Gay-Dagnogo, Moss, Singh, Liberati, Hovey-Wright, Plawecki, LaGrand, Pagan, Hoadley, Greimel, Neeley, Smiley, Irwin, Greig, Townsend, Schor, Brinks, Garrett, Talabi, Byrd, Robinson, Chirkun, Banks, Zemke and Geiss and referred to the Committee on Local Government.

 

     A bill to amend 1941 PA 207, entitled

 

"Fire prevention code,"

 

by amending section 7a (MCL 29.7a).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7a. (1) If the state fire marshal or the commanding

 

officer of the fire department of a city, village, township, or

 

county, or a fire fighter in uniform acting under the orders and

 

directions of the commanding officer determines a dangerous

 

condition exists, the state fire marshal, the commanding officer of

 

the fire department of a city, village, township, or county, or the

 

fire fighter in uniform acting under the orders and direction of

 

the commanding officer upon finding an emergency condition

 

dangerous to persons or property, may take all necessary steps and

 

prescribe all necessary restrictions and requirements to protect

 

persons and property until the dangerous condition is abated.


     (2) The state fire marshal, the commanding officer of the fire

 

department of a city, village, township, or county, or a fire

 

fighter in uniform acting under the orders and directions of the

 

commanding officer, responding to a fire or emergency call, who,

 

upon arriving at the scene of a fire or emergency, finds a

 

condition dangerous to persons or property, may take all necessary

 

steps and requirements to protect persons and property until the

 

dangerous condition is abated.

 

     (3) Notwithstanding any other law, the power under subsections

 

(1) and (2) of the state fire marshal, the commanding officer of

 

the fire department of a city, village, township, or county, or a

 

fire fighter in uniform acting under the orders and directions of

 

the commanding officer to take all necessary steps and prescribe

 

all necessary restrictions and requirements to protect persons and

 

property until the dangerous condition is abated is superior to and

 

supersedes the power of any other officer or entity of this state

 

or of that city, village, township, or county where the dangerous

 

condition exists.

 

     (4) (3) The state fire marshal or the commanding officer of

 

the fire department of a city, village, township, or county, or a

 

fire fighter in uniform acting under the orders and direction of

 

the commanding officer may investigate causes and effects related

 

to dangerous conditions.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5610 (request no.

 


03082'15 a) of the 98th Legislature is enacted into law.