May 24, 2016, Introduced by Rep. Glenn 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 4c and 13c (MCL 125.1504c and 125.1513c),
section 4c as added by 2004 PA 65 and section 13c as added by 1994
PA 106.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4c. (1) Beginning 1 year after the effective date of the
rules promulgated under subsection (2), the owner of an existing
building or structure constructed before November 6, 1974 shall
install 1 or more smoke alarms in that building or structure, as
provided in those rules.
(2) The director shall promulgate rules that establish
standards and requirements for the installation of smoke alarms in
a building or structure described in subsection (1). The rules
shall include both of the following:
(a) For a single family dwelling, 1 or 2 family detached
dwelling, or multiple family dwelling, a requirement for the
installation of at least 1 single-station smoke alarm in each
dwelling unit.
(b) For a building or structure that is not a single family
dwelling, 1 or 2 family detached dwelling, or multiple family
dwelling, a requirement for the installation of smoke alarms as
provided in the code.
(3) A building that is constructed, renovated, reconstructed,
or added to or whose use or occupancy is changed shall meet the
requirements contained in the code for installation of smoke
alarms. Smoke alarms installed under this subsection on or after
the effective date of the 2016 act that amended this section must
have photoelectric detection technology.
(4) As used in this section, "smoke alarm" and "single-station
smoke alarm" mean those terms as defined in section 82a of the
housing law of Michigan, 1917 PA 167, MCL 125.482a.
Sec. 13c. (1) As used in this section:
(a) "Board and room facility" means a residential building
that does not provide separate cooking facilities for individual
occupants and that is arranged for primarily nontransient shelter
and sleeping accommodations for 3 or more adults. Board and room
facility does not include any of the following:
(i) A residential facility for students attending a college or
university.
(ii) A facility operated, licensed, or regulated by the state
or the federal government.
(iii) A bed and breakfast regulated under section 4b.
(iv) A hotel or motel.
(v) A private dwelling as that term is defined in section 2 of
the
housing law of Michigan, Act No. 167 of the Public Acts of
1917,
being section 125.402 of the Michigan Compiled Laws.1917 PA
167, MCL 125.402.
(b) "Operator" means a person who has charge, care, control,
or management of a board and room facility.
(c) "Owner" means a person who knows that a residential
building in which that person has a legal or equitable interest is
being used as a board and room facility, regardless of whether the
person has possession of the facility. Owner includes an executor,
administrator, trustee, or guardian of the estate of an owner of a
residential building if the executor, administrator, trustee, or
guardian knows that the residential building is being used as a
board and room facility.
(d) "Person" means an individual, partnership, corporation,
association, governmental entity, or other legal entity.
(2) A board and room facility shall comply with the minimum
property maintenance standards set forth in this act and in the
BOCA
national property maintenance code, National Property
Maintenance
Code, 1993 edition, as published by the
building
officials
and code administrators international, inc., Building
Officials and Code Administrators International, Inc. or the
uniform
housing code, Uniform Housing
Code, 1991 edition, as
published
by the international conference of building officials,
International Conference of Building Officials, which codes are
adopted
by reference. and made a part of this section as if fully
set
out in this section. In addition, a
board and room facility
shall comply with all of the following:
(a) Interior stairways shall be enclosed by fire separation
assemblies having a 1-hour fire resistance rating with all openings
protected with smoke-actuated automatic-closing or self-closing
doors having a fire resistance comparable to that required for the
enclosure.
(b) Vertical openings shall be protected so that no primary
exit route is exposed to an unprotected vertical opening. The
vertical opening is protected if the opening is cut off and
enclosed in a manner that provides a smoke and fire resisting
capability of not less than 1 hour. Any doors or openings shall
have fire and smoke resisting capability equivalent to that of the
enclosure and shall be automatic-closing on detection of smoke or
shall be self-closing.
(c) A fire alarm system shall be installed in accordance with
the building code, except in buildings that have a smoke detection
system meeting or exceeding the requirements of subdivision (f) if
that detection system includes at least 1 manual fire alarm station
per floor arranged to initiate the smoke detection alarm.
(d) Initiation of the required fire protective signaling
system shall be by manual means as provided by the building code,
except in buildings protected throughout with an approved fire
suppression system installed in accordance with the building code,
with initiation upon actuation of the extinguishing system
operation.
(e) Occupant notification of a fire shall be provided
automatically, without delay by internal audible alarm in
accordance with the building code. Presignal systems are
prohibited.
(f) Approved single station or multiple station smoke
detectors powered by the building electrical service shall be
installed in accordance with the building code on every level. In
addition, approved single station smoke detectors powered by the
building electrical service shall be provided in each sleeping
room, except that existing battery powered detectors shall be
accepted if, in the opinion of the code official, they are in
operating condition. Smoke detectors installed under this
subdivision on or after the effective date of the 2016 act that
amended this section must have photoelectric detection technology.
(g) Portable fire extinguishers shall bear the label of an
approved agency, be of an approved type, and be installed in a
visible and accessible location on each occupied floor and
basement.
(h) Fire exit drills shall be conducted at least once every 2
months in each facility. Each occupant shall be provided with a
written evacuation plan filed with the local authority having
jurisdiction. An egress plan shall be posted in each sleeping room
showing the building diagram, the room location, and the location
of exits.
(i) The interior finish on wall and ceilings and trim
materials shall be a minimum class III, tested in accordance with
ASTM E-84.
(3) An enforcing agency shall inspect a board and room
facility after receiving a complaint alleging a violation by that
board and room facility of the minimum standards described in
subsection (2), and shall determine whether the board and room
facility is in compliance with this act.
(4) If, following an inspection described in subsection (3),
an enforcing agency determines that a board and room facility is
not in compliance with this act, the enforcing agency shall issue
an order to remedy the noncompliance and may issue an order to
vacate the premises. The enforcing agency shall serve the order or
orders upon the operator of the board and room facility and, if
known, the owner of the residential building in which the board and
room facility is situated.
(5) This section prescribes minimum standards for board and
room facilities. It does not invalidate ordinances or regulations
that impose higher standards or stricter requirements.
(6)
The enforcing agency may adopt a schedule of monetary
civil
penalties, civil fines, not to exceed $500.00 for each
violation
or day that a violation continues, which may be assessed
for a violation of this section. If the enforcing agency believes
that an owner or operator has violated this section, it may issue a
citation. after
discovery of the alleged violation. The citation
shall be written and shall state with particularity the nature of
the
violation, the civil penalty fine
established for the
violation, and the right to appeal the citation pursuant to
subsection (7). The citation shall be delivered or sent by
registered mail to the alleged violator.
(7) Not later than 20 days after receipt of the citation, the
alleged violator may petition the enforcing agency for an
administrative hearing, which shall be held within 60 days after
the enforcing agency receives the petition. The administrative
hearing may be conducted by a hearing officer, who may affirm,
dismiss, or modify the citation. The decision of the hearing
officer is final and is not subject to appeal.
(8)
A civil penalty fine assessed by the issuance of a
citation under subsection (6) becomes final if a petition is not
received within the time specified in subsection (7). A civil
penalty
imposed fine shall be paid to the governmental subdivision
that has the responsibility of enforcing this section. A civil
penalty
fine may be recovered in a civil action brought by
the
governmental subdivision in the county in which the violation
occurred or the defendant resides by any means authorized for the
enforcement of a judgment under chapter 60 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.6001 to 600.6098.
(9)
This section applies to a board and room facility
constructed
or converted for use as a board and room facility after
the
effective date of this section. Beginning 6 months after the
effective
date of this section, this section also applies to a
board
and room facility constructed or converted for use as a board
and
room facility before the effective date of this section.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.